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" Bsunsylvania State. Library
X DOCUMENTS SECTION
County Government and
Archives
in
Pennsylvania
'
COMMONWEALTH OF PENNSYLVANIA
ENNS^LVANIA HISTORICAL AND MUSEUM COMMISSION
I!
sm
Harrisburg, 1947
Ai^JON 4 1962
-2 6 J962
County Government and
Archives
in
Pennsylvania
Prepared by
THE PENNSYLVANIA HISTORICAL SURVEY
Edited by
Sylvester K. Stevens
and
Donald H. Kent
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA HISTORICAL AND MUSEUM COMMISSION
Harrisburg. 1947
7
H Co / D > +
QC bZ
THE PENNSYLVANIA HISTORICAL AND MUSEUM
COMMISSION
James H. Duff, Chairman
Charles J. Biddle
Frances Dorrance
A. Atwater Kent, Jr.
Thomas Murphy
Edgar T. Stevenson
Charles G. Webb
Richard Norris Williams, 2d
Francis B. Haas, ex officio
Superintendent of Public Instruction
Donald A. Cadzow, Executive Director
TRUSTEES— EX OFFICIO
Edward Martin
Governor of the Commonwealth
G. FIarold Wagner, Auditor General
Ramsey S. Black, State Treasurer
Copies of this book may be purchased from The Bureau of Publications,
Harrisburg, Pennsylvania.
11
Foreword
This State-wide inventory of county archives in Pennsylvania awakens
in me both pleasure and humility. Along with its basic and particular
county inventories, this volume is, in my estimation, one of the monuments
of the Work Projects Administration in our Commonwealth. That I hap-
pen to know a little about the complexity of county government, the jungle
of county law, past and present, and the maze of county relations with
other governmental units, only deepens my respect for this work. That I
also know how little research had been done in Pennsylvania county gov-
ernment is reason for my gratitude for its thoroughness and extent
of scope.
For this volume, as anyone can see, exhausts the subject of Pennsyl-
vania county government, its history, and its past and present records, as
nothing has done before or needs to do in the future. One has no hesita-
tion in predicting that it will remain the source book of county govern-
ment in the Commonwealth of Pennsylvania for many, many decades to
come. If there is any weakness in its armor as the definitive work in this
subject, it is that it emphasizes the legal-historical development of the
county at the expense of the day-by-day functioning of county administra-
tion. This, however, is not a fault of those who prepared the volume, for
their project was originally conceived as an inventory of the county
archives. The material that was developed was for the sake of explaining
the value of the records.
With this qualification, it must be said that the opening chapter on
county government and the introductory material for each office inven-
toried, provides students of Pennsylvania county government with the most
complete research ever made into the laws relating to the structure and
powers of county government. We have here a complete assemblage of all
statutes and many court decisions that guided the growth of Pennsyl-
vania county government for two hundred and fifty years.
Reading over the list of records and archives that are contained in each
of the many county offices, one is struck by the tremendous volume of
source material for all fronts of Pennsylvania history — political, govern-
mental, economic, social — that is now made available to scholars, research-
ers, lawyers, public officials, and writers. It is difficult to imagine how
much the proper use of this material would increase the detail, and per-
haps change our fundamental ideas, of Pennsylvania history. A great
many specific kinds of data are opened up in these records : lists of prop-
erty holders and transfers, inheritances and estates, local election returns,
vital statistics, criminal offenses and convictions, civil disputes, mercantile
establishments, public charity and relief, and literally scores of other sub-
jects, the exploration of which must enrich our knowledge of the Penn-
sylvania of today and yesterday. There is, in short, no greater source and
iii
IV
FOREWORD
fount of knowledge of our people than that which is contained in these
records within the 6/ counties of the Commonwealth.
It is significant to me that this our greatest contribution to county history
shou.d have to be done largely by men and women whom the depression
deprived of employment in private industry and business. One can assume
that these workers had very little formal training, especially in the tech-
nique ot archival research ; and yet, guided by the excellent system and
organ lzatmn developed by the Historical Records Survey’s editorial and
administrative stall, these rank-and-file American citizens were responsible
tor this extraordinary and long-lived project. Is this not an indication
that our ideas concerning the possibility of scholarly achievement and par-
ticipation may need some revision?
This is a work that will have ever-increasing usefulness as the years
pass It will take time to appreciate its significance. Our hat is off to those
worthy citizens, unsung and loyal, who have made this available to the
rest of us; to the Historical Records Survey’s staff for its fine editorial
job ; and to the Pennsylvania Historical and Museum Commission for print-
ing this volume and making it generally available to Pennsylvania.
H. F. Alderfer,
Executive Secretary , Institute of
Local Government
Professor of Political Science,
Pennsylvania State College
INTRODUCTION
The Historical Records Survey program was inaugurated in 1936 by
Dr. Luther H. Evans for the purpose of creating bibliographical controls for
source material hitherto inaccessible to most researchers. Until January,
1939, it operated on a nation-wide basis. After that time it continued in this
State as part of the Pennsylvania Historical Survey, sponsored by the
Pennsylvania Historical Commission. When the Survey came to an end in
May, 1943, the Historical Commission became custodian and executor of its
numerous manuscripts and its voluminous files of indexes, transcripts, and
reference materials.
In the field of public records, the principal object of the Survey was to
prepare inventories of all extant county and municipal records and to ex-
plain how these records reflect the functions and inter-relationship of the
individual offices from their origins to the present. The integrated results
of such inventories in every county courthouse are published in this volume
on County Government and Archives in Pennsylvania, which is designed to
be used in connection with any research work involving county records. It
is hoped that this volume will stimulate the use of these records for histor-
ical purposes, and that it will prove to be a convenient and accurate guide
for the use of officials, lawyers, journalists, and historians.
This digest includes an essay on the general governmental organization of
the county, with charts showing graphically the structural and functional
evolution of the various offices. This summary facilitates the use and com-
prehension of the subsequent chapters. Individual essays have been written
for each county office with a detailed analysis of its development and opera-
tion, and with particular reference to its records. An annotated list of the
records which may be found in its files follows each office essay. The amount
of this information for each office was limited by practical considerations,
(since the archival practices present an almost endless maze of variations
from county to county.
It should be noted that this study was completed in 1942, and that it does
not take into consideration the alterations in the laws governing counties
made at later sessions of the General Assembly, or any recent changes in
governmental practice. The editors have, however, added a few comments
on important legislative changes in the notes, to prevent misunderstanding.
v
VI
INTRODUCTION
This volume, therefore, appears in the form in which it was prepared
from data gathered by careful research by the editorial staff of the Pennsyl-
vania Plistorical Survey. The Pennsylvania Historical and Museum Com-
mission provided for its publication and, through Dr. Sylvester K. Stevens,
State Historian, gave advice and assistance in the preparation of the manu-
script. Donald H. Kent, Associate State Historian, handled the details of
publication and prepared the index. Acknowledgment is made to the many
public officials, historical and legal specialists, and other groups in the State,
for cooperation and support which aided in the successful conclusion of this
phase of the Survey’s program.
The book may well appear heavy and dull to the casual reader, though
even he will find many interesting facts about Pennsylvania’s county gov-
ernment in its detailed analyses of structure and functions. To the scholar
and research worker, however, it will be a key to a rich treasure — to the
priceless store of records of State and local history housed in the 67 county
courthouses of Pennsylvania.
Donald A. Cadzow,
Executive Director.
TABLE OF CONTENTS
Page
Foreword iii
Introduction v
Explanatory Notes ix
I County Government Organization in Pennsylvania 1
Charts of County Government 90
II Board of County Commissioners 96
III Registration Commission 149
IV County Board of Elections 157
V Recorder of Deeds 166
VI Prothonotary 184
VII Clerk of the Court of Quarter Sessions and Oyer and
Terminer 231
VIII Register of Wills 258
IX Clerk of Orphans’ Court 271
X Sheriff 289
XT Coroner 306
XII District Attorney 310
XIII County Detective 316
XIV Grand Jury 319
XV Solicitor 324
XVI Prison Authorities 326
XVII Jail or Prison Warden 332
XVIII Parole Board 341
XIX Probation and Parole Officers 342
XX Juvenile Detention Home 349
XXI Jury Commissioners 351
XXII Board of Revision and Board for the Assessment and
Revision of Taxes 355
XXIII Treasurer 360
XXIV Mercantile Appraiser 382
XXV Auditors and Controller 385
vii
Page
XXVI Sinking Fund Commission 402
XXVII Salary Board 404 i
XXVIII Retirement Board 406 j I
XXIX Institution District Board 408
XXX Board of Assistance 432
XXXI Home for Dependent and Delinquent Children 444
XXXII Tuberculosis Sanatorium 451
XXXIII County Engineer 461
XXXIV County Surveyor 464
XXXV Board of Viewers 469 |
XXXVI County Planning Commission 478
XXXVII Zoning Commission and Board of Zoning Adjustment. 480
XXXVIII Park and Recreation Boards 484 j
XXXIX Mosquito Extermination Commission 487,
XL Sealer of Weights and Measures 490 I
XLI County Superintendent of Schools 495
XLII Board of Directors of the County Library 513
XLIII Law Library Committee 516
Bibliography 51811
Appendix 523
A. Establishment of Counties of Pennsylvania 523
B. Judicial Districts 525
C. General Information about Counties of Pennsyl-
vania 531
D. Board of Assessment and Revision 533
Index 53/
vm
explanatory Notes
An annotated list of the records series of each county office is contained
n the chapter on each office. Whenever feasible, records of the same type
)r records reflecting a particular function of the office under which they
ire listed have been grouped and given a subject heading.
The titles of records given in title lines are those assigned by legislation
)r those which best describe the records. Significant variations found by
:he Survey are noted. Legislation is the basis for the date spans given, but
general deviations are noted. Where no dates are indicated the variations
:ound in the field were too extensive to be noted in the present volume.
Indexes to records are described in separate entries when such indexes
ire required by specific legislation.
In the footnote references to the Constitution of Pennsylvania the dates
ire specified for the constitutions of 1776, 1790, and 1838; if no date is
pven the reference is to the Constitution of 1874.
The following abbreviations are used :
im amended
Km Amendment
krt article
)oro(s) borough (s)
[h chapter
Zornm Commonwealth
,:otnp compiler
"onst Constitution
'Dali Laws of Pennsylvania (Dallas)
Dist . Pennsylvania District Reports
d. editor
t al and another, and others
! tod- ibidem (in the same place)
-eg. Rec. The Legal Record Reports
-eh. L. J. Lehigh County Laiv Journal
-.uz. L. Reg. Rep. Luzerne Legal Register Reports
nim mimeographed
4o Number
'P- cit opere citato (in the work cited)
IX
X
EXPLANATORY NOTES
p., pp page(s)
pa Pennsylvania Supreme Court Reports j
Pa C. C. Pennsylvania County Court Reports
pa L. J ' Pennsylvania Law Journal
par (s) paragraph (s)
pars Parsons Select Equity Cases
ppila Philadelphia Reports
p p Laws of the General Assembly of the I
Commonwealth of Pennsylvania
(Pamphlet Laws)
reenacted
rep_ repealed
Les. Resolution
sec(s) section(s)
S and R. Sergeant and Rawle (Supreme Court
Reports)
l Laws of the Commonwealth of P enn-
sylvania (Smith Laws)
Sp. Sess Special Session
St. at L The Statutes at Large of Pennsylvania j
SUp supplemented
SUper Pennsylvania Superior Court Reports j
twp(s) township (s)
U. S. Stat United States Statutes at Large
versus (against)
vol(s) volume (s)
current, to date and continuing
County Government and
Archives
IN
Pennsylvania
I
County Government Organization
in Pennsylvania
The Pennsylvania county provides an interesting subject for a study of
local government. Its system is peculiar, representing as it does neither
the full county administration of the South nor the New England town-
ship system. In Pennsylvania there is no complete power in the county
nor in the township. An attempt is made at a partition of powers. The
municipal subdivision is not represented on the governing board of the
county, yet it participates in road and bridge construction. It may levy
taxes, yet this levy must be made on the basis of the last adjusted county
assessment. The county unit leads and regulates ; the municipal subdivision
participates.
Legal Status of the County. The position of the Pennsylvania county
in the framework of the State’s political institutions has never been clearly
defined. It may best be described as a quasi-corporation, which derives
its power from legislative authorization and has no inherent right of self-
government.1 Its municipal subdivisions, its cities, boroughs, towns, and
townships, serve as convenient areas for the conduct of the county’s busi-
ness. An additional governmental arm, operating within the county, is the
school district, organized on municipal lines.2
The county is granted the power to preserve order and to administer
laws relating to taxation, for which purpose it utilizes the municipalities.
It must supervise the conduct of elections, construct public works, super-
vise institutional relief, and keep records of many matters relating to the
administration of county government.
The county and its subdivisions have always formed an integral part of
the State judiciary system. Originally the county performed only one ad-
ministrative function for the State, that of collecting State taxes levied
within the county. In recent years, however, the role of the county as an
1 Van Kirk v. Clark and Graham, 16 S. and R. 286 (1827) ; Kittanning Academy v.
Brown, 41 Pa. 269 (1862) ; Lawrence County v. Leonard, 83 Pa. 206 (1876) ; McKean
County v. W. A. Young, Commissioner of the county of McKean, Appellant, II Super.
481 (1899).
2 Pennsylvania Local Government Commission, First Report to the General Assembly
of 1937, p. 11.
1
2
COUNTY GOVERNMENT
agent of the State has been extended to the fields of education, public
assistance, health, and the compilation of vital statistics. In all of these in-
stances the functions belong to the State, the county being utilized primarily
as a convenient geographic area. The county, cooperating with the State,
is similarly used by the Federal Government in carrying out the child wel-
fare provisions of the Social Security Act and in administering agricultural
extension services.3
The General Assembly may not establish a new county if such an act
would reduce the area of any existing county to less than four hundred
square miles and less than twenty thousand inhabitants,4 nor may it pass
special legislation for individual counties.5 Prior to the adoption of the
Constitution of 1874 there were many local laws enacted for particular
counties. Many of these older laws are still in effect because the constitu-
tional prohibition did not operate to repeal existing local laws. For many
years this situation augmented legislative problems since different laws are
needed for a county like Forest with a population of little more than 5,000
and a county like Philadelphia with a population of almost two million.
The General Assembly attempted to remedy this defect by classifying the
counties according to population and enacting legislation for all counties
in a given class. In 1919 all the 67 counties were divided into 8 classes,6
and in 1923 a constitutional amendment was passed confirming this classi-
fication.7 Today, whenever a law relating to counties is passed, it applies
either to all the counties or to a group of counties within a certain class.
Counties of the first class are those having a population of 1,500,000 or
more. Those having a population less than this but over 800,000 are desig-
nated counties of the second class. Counties of the third class are those
having a population of 250,000 or more but less than 800,000 inhabitants.
Counties of the fourth class range from 150,000 to 250,000 inhabitants;
those of the fifth class from 100,000 to 150,000; those of the sixth class
from 50,000 to 100,000; those of the seventh class from 20,000 to 50,000;
and those having less than 20,000 constitute counties of the eighth class.
Philadelphia and Allegheny counties are the only counties belonging to the
first and second classes respectively.8 A county advances or recedes from
3 1935, 49 U. S. Stat. 620, ch. 531.
4 Const., art. XIII.
6 Ibid., art. Ill, sec. 7; Jacob Tanger and Harold F. Alderfer, Pennsylvania Govern-
ment, State and Local, pp. 189, 190.
0 1919 P.L. 887 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 31.
7 Const., art. Ill, sec. 34 as am. 1923.
* Pennsylvania Manual, 1937, p. 1145.
GOVERNMENT ORGANIZATION
3
one class to another automatically as its population grows or falls, as de-
termined by the last preceding decennial census of the United States.9
The Constitution of 1874 further provides that taxes be uniform upon
the same class of subjects within the territorial limits of the authority
levying the tax. The General Assembly may exempt from taxation public
places used for public purposes, places of burial not held for private or
corporate profit, charitable institutions, churches, and property owned by
military organizations.10 Neither municipalities nor counties may incur
debts in excess of 7 percent of the assessed valuation of the taxable prop-
erty therein.* 11
Structural Development of County Government. Many of the present
practices in Pennsylvania county government may be traced to British in-
stitutions of the Tudor and Stuart periods which were brought to America
by the early English settlers. With the exception of a single year of Dutch
dominion, the area later known as Pennsylvania was operated under the
Duke of York’s laws from 1664 to 1681. 12 It was divided into ridings,
towns, and parishes, the town or parish constituting the principal unit of
local government. The riding was an aggregate of towns and parishes and
though not a political factor, served as a division between the town and
the province, with the high sheriff as its chief officer. A constable and
board of overseers, at first eight in number, later four, managed the affairs
of the town or parish.
Each town had a court, with its own officers, as well as other town
officers, who were selected directly by the people. The Governor selected
the sheriff annually from three nominees of the justices sitting in the last
sessions. The constable served for 1 year and the overseers for 2 years.
One-half of the overseers retired each year. The legislative body was com-
posed of the constables and overseers, who were also ex officio church
wardens, and in this capacity served as the moral guardians of the parish.
The court of sessions was a court of appeals in all judicial proceedings
0 1919 P.L. 887 sec. 2 rep. 1929 P.L. 1278 sec. 1501 but reen. in sec. 32 am. 1931 P.L.
401 sec. 1.
10 Const., art. IX, sec. 1 as am. 1923.
11 Const., art. IX, sec. 8 as am. 1920.
12 The Duke of York’s Laws were extended to the valley of the Delaware in 1676
by proclamation of Governor Edmond Andros, in Charter to William Penn and Laws
of the Province of Pennsylvania, Passed betiueen the Years 1682 and 1700, Preceded
by the Duke of York’s Laws in Force from the Year i6j6 to the Year 1682, p. 455,
hereinafter cited as Charter to William Penn.
4
COUNTY GOVERNMENT
and could disallow by judicial negation the legislative acts of the constables
and overseers.13 This court had both civil and criminal jurisdiction; a
clerk was appointed to keep its records in English.14 The same court was
instructed to care for the estates of orphans.15 The clerk of this court was
required, in addition to his regular duties, to record all conveyances of
real estate.18
The two taxes known as the public charge and the town rate constituted
the sole administrative income of the local governmental unit. They were
levied and collected according to the following procedure: The sheriff of
the riding issued a “precept.” The constables and overseers then made out
a list of taxable persons and appraised all property. This list was returned
to the sheriff who certified it to the Governor after examining it. Indi-
vidual complaints could be made to the court of sessions. Constables col-
lected the taxes.17
During this period the poor were considered not a civil but rather an
ecclesiastical responsibility. The church wardens were charged with the
care of the needy and helpless. In 1664 the Duke of York’s Laws recog-
nized the necessity for further aid to the needy and the responsibility of
each town in connection with its needy inhabitants. As a result provision
was made for discretionary aid on the part of the riding in helping its
towns by contributions to meet this problem.18 One year later this aid was
made mandatory.19
The first provisions for standard weights and measures were made under
the Duke of York when the high constable in each riding was ordered to
provide sealed and uniform standards and to see that the constables and
overseers of each town provided like weights and measures.20 Under an
order made at the General Court of Assizes the King’s standards of orig-
13 Elgin R. L. Gould, Local Government in Pennsylvania, I, 21-23.
14 George E. Howard, An Introduction to the Local Constitutional History of the
United States, I, 370. The existence of this officer under the Duke of York is evidenced
in Charter to William Penn, pp. 12, 13, 24, 26, 33, 44, 73.
16 Duke of York’s Laws in Charter to William Penn, pp. 5, 6. For full discussion of
this jurisdiction and its development, see section on judiciary infra.
10 Duke of York’s Laws in Charter to William Penn, pp. 23, 26, 62, 66.
Ibid.
1,1 Duke of York’s Laws in Charter to William Penn, p. 58.
10 Ibid., p. 64.
'“Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 51.
GOVERNMENT ORGANIZATION
5
inal weights and measures for the Exchequer were ordered to be used.21
This provision was reiterated 3 years later.22
Justices’ courts were introduced by proclamation of Governor Andros
in 1673 in Upland, Whorekill, and New Castle, along the Delaware. These
courts had legislative as well as judicial powers. They could levy taxes for
local administration, determine matters of 20 pounds or less without ap-
peal, adjudicate criminal matters, and appoint overseers of highways and
viewers of fences for the better management of roads and bridges.23
Between the time of William Penn’s charter in 1682 and the Revolution
the foundations of county government were laid and the county replaced
the town in importance. Penn introduced several organic laws which were
the foundation of Pennsylvania proprietary government : the Laws Agreed
upon in England, the frames of government of 1682, 1683, and 1696, and
the Charter of Privileges of 1701. With the exception of several minor
provisions the frames of government of 1682 and 1683 were practically
the same. The only basic differences were in respect to the number of
members of the Assembly and Provincial Council and the provision that
the Council and Assembly should constitute the General Assembly instead
of the Assembly alone.24 By the charter of 1701 an elective council was
wholly done away with. In spite of this fact the governors afterwards ap-
pointed councils to assist them in the performance of their duties. The
Assembly was to consist of four persons elected from each county, to judge
the qualifications of its own members, appoint committees, prepare and
pass bills, redress grievances, and impeach criminals.25
Under the Frame of Government of 1682, the Provincial Council was
annually to nominate twice the number of persons required to serve as
judges, treasurers, and masters of the rolls, and the freemen were to
nominate annually a double number of persons to serve as sheriffs, jus-
tices of the peace, and coroners, all of whose names were to be presented
to the Governor, who appointed and commissioned the proper number for
21 Orders made at the General Court of Assizes, October 24, 1672, in Charter to
William Penn, p. 73.
22 Orders made at the General Court of Assizes, October 27, 1675, in Charter to
William Penn, p. 75.
"3 Duke of York’s Laws in Charter to William Penn, p. 25; Lawrence Lewis, Jr.,
“The Courts of Pennsylvania in the Seventeenth Century,” The Pennsylvania Maga-
zine of History and Biography, V (1881), 143.
Frank M. Eastman, Courts and Lawyers of Pennsylvania, A History, 1623-1923,
I, 81.
“ Eastman, op. cit., I, 179.
6
COUNTY GOVERNMENT
each office.28 This provision was repeated in the Frame of Government
in 1683. 27 Under the Charter of Privileges of 1701 the manner of selec-
tion of sheriff and coroner remained the same but their term was extended
to 3 years.28 During this period the sheriff drew the grand jury.29 The
grand jury, or grand inquest, as it was first designated, was an Anglo-
Saxon institution which was considered so vital that it was incorporated
in the Laws Agreed upon in England.30
While the courts, the members of which were appointed by the Provincial
Council,31 retained a large part of their power over county administration
under the proprietary, they began to lose it to new county offices which
were created from time to time. The county court of general sessions levied
county taxes,32 supervised the erection of buildings 33 and the laying out
of roads,34 and took care of the poor.35 The courts further began to ap-
point viewers for the settlement of building projects 30 and remained the
real center of authority for some time. The first direct transfer of a part
of its authority and power occurred when an act of 1696 provided for the
annual election of six assessors in each county. The treasurer became an
appointee of the assessors.37 These assessors as well as the grand jury
20 The Frame of the Government of 1682, in Charter to William Pena, p. 97, sec. 17
27 The Frame of the Government of April 2, 1683, in Charter to William Penn, pp.
158, 159, sec. 16.
Eastman, op. cif., I, 179. See also act of 1705-06, II St. at L. 272 when their term
was again reduced to 1 year.
30 1700, II St. at L. 132 ch. 98 sec. 1.
30 Laws Agreed upon in England, 1682. in Charter to William Penn, p. 100, sec. 8.
See also The Body of Laws, December 10, 1682, in Charter to William Penn, ch.
XXXVIII, p. 117; Laws of the Assembly, 1683, in Charter to William Penn, ch.
LXVIII, p. 129. As a matter of fact this institution was considered so important to
the early Americans that it was one of the rights they demanded before they would
accept the Constitution of the United States. See Const, of U. S. Am. V.
31 The Frame of the Government of 1682 in Charter to William Penn, p. 95, sec. 5.
37 Laws of the Assembly, 1683, in Charter to William Penn, ch. CXXVII, pp. 146,
147.
33 Ibid., ch. Cl, pp. 139, 140.
M Ibid., ch. LXXXIX, p. 136; Laws of the Assembly, May 15, 1693, in Charter to
William Penn, p. 233; 1700, I Dali. 16 sec. 2.
33 The Body of Laws, 1682, in Charter to William Penn, ch. XXXII, p. 115.
30 Laws of the Assembly. 1685, in Charter to William Penn, pp. 178, 179.
The Frame of the Government, 1696, in Charter to William Penn, p. 258, sec. 3;
1700, II St. at L. 34 sec. 3; 1717-18, III St. at L. 175, sec. 1.
GOVERNMENT ORGANIZATION
7
were to aid the justices in levying and collecting taxes.38 The constables
brought to the assessors lists of individuals and the value of the property
subject to taxation. The assessors constituted a board for the hearing and
decision of appeals from tax assessments and appointed tax collectors.
This system proved inadequate, hence in 1711 the Assembly appointed
three commissioners in each county to serve until the next session.39 The
commissioners immediately joined the assessors in the appointment of the
county treasurer.40 Between that time and 1722 appointed county com-
missioners were always provided for by statute, the number of members
in each county varying between three and five.41 They were given the
power to appoint a clerk.42 The law of 1722 and the one replacing it 3 years
later made the office of commissioner permanent and elective with a 3-year
term. Since that time the board of county commissioners has always con-
sisted of three members.43 The act of 1725 effectually took from the courts
most of their administrative functions. It was now the commissioners who
issued the “precepts” to the constables, heard and tried appeals from tax
assessments, and instituted action against delinquent taxpayers and against
assessors and treasurers for neglect of duty. By virtue of this same enact-
ment the counties were conveniently divided into assessment districts.
With the advent of the Penns the county assumed responsibility for the
care of the poor but the township apparently did not lose all control. The
justices of the peace were authorized to supervise poor relief.44 The fact
that township overseers of the poor continued to administer to the needs
of the poor is evidenced by an act of 1693, which recognized disbursements
made by “justices or overseers of the poor.” 45 In 1706 the first general
38 The Frame of the Government, 1696, in Charter to William Penn, pp. 256-259;
Laws of the Assembly, 1699, in Charter to William Penn, pp. 280-282; 1700, II St. at
L. 34 secs. 1, 2.
39 1710-11, II St. at L. 369 sec. 1.
40 Ibid., sec. 3; 1710-11, II St. at L. 372 sec. 2; 1717-18, III St. at L. 175 sec. 11;
1724-25, IV St. at L. 10 sec. 13; 1757-58, V St. at L. 337 sec. 13; 1759, V St. at L.
379 sec. 12; 1759-60, VI St. at L. 3 sec. 12.
41 1710-11, II St. at L. 369, 372; 1712-13, III St. at L. 3; 1715, III St. at L. 83;
1717, III St. at L. 128; 1717-1S, III St. at L. 175.
4 1715, II St. at L. 83 sec. 7.
43 1722, III St. at L. 295 secs. 1-3; 1724-25, IV St. at L. 10 sec. 2.
44 The Great Law, 1682, ch. XXXII in Charter to William Penn, p. 115.
15 Laws of the Assembly, 1693, in Charter to William Penn, p. 233, sec. 17.
8
COUNTY GOVERNMENT
poor relief act was passed, providing that the justices of the county should
select two or more overseers of the poor in each township.46 The town-
ship administration of poor relief continued in some counties, with
various changes, until the adoption of the county institution district in
1937. 47
During the proprietary period the precursors of the present county offices
of recorder of deeds, register of wills, district attorney, prothonotary,
county surveyor, and the board of viewers were instituted. Under Penn’s
Frame of Government a master of the rolls was to be appointed.48 At the
first meeting of the legislature in 1682 the founders of Pennsylvania made
provision for the enrollment of deeds, grants, and conveyances in a public
enrollment office. Only one office for the recording of deeds was set up,
in Philadelphia, for the entire Province.40 Before this and under the Duke
of York’s regime the clerk of every court of sessions had been required to
“enter” all “grants, sales, and mortgages.” 50 In 1706 an act of Assembly
provided for the recording of deeds in each county to be under the super-
vision of a “recorder” or enroller. No method of appointment for this office
was stipulated.51 Five years later these provisions were reenacted.52 It
was not until 1715 that the recorder was definitely instituted as a county
officer by an act of that year which required each county to maintain an
office for the recording of all deeds, mortgages, and conveyances of land.53
The recorder was usually appointed by the Assembly.
The differentiation of county clerical offices began with the development
of county government under the proprietary. In pursuance of the pro-
visions of the Charter of Privileges, the clerk of the peace, who followed
the old clerk of the sessions, was selected by the Governor from three can-
didates nominated by the justices of the respective counties.54 Fie acted as
clerk of all the county courts for a number of years, performing all the
40 1705-6, II St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30 but reen. and am. in
secs. 1-29 rep. 1937 P.L. 2017 sec. 702.
47 1937 P.L. 2017. See infra, pp. 00-00 (County Institution District).
"The Frame of the Government of 1682 in Charter to William Penn, p. 97 sec. 17.
*° Thomas Sergeant, A View of the Land Laws of Pennsylvania, pp. 230-235.
“Duke of York’s Book of Laws in Charter to William Penn, pp. 23, 24.
51 1705-6, II St. at L. 206 secs. 1-5.
53 1710-11, II St. at L. 331, 349.
“John H. Martin, Bench and Bar of Philadelphia, pp. 104-106; 1715, 1 Sm.L. 94
sec. 1 ; 1777, 1 Sm.L. 443.
M The justices themselves were now appointed by the Governor instead of the Pro-
vincial Council. See Eastman, op. cit., I, 179, 182.
GOVERNMENT ORGANIZATION
9
duties which are now performed by the various clerks of the different
courts.
With the growth of the work of these courts and the passage of the
judiciary acts recognizing a defined division between the criminal and civil,
the necessity for separate courts became apparent.55 An ordinance of Gov-
ernor Evans in 1707 established a separate court of common pleas, having
in civil matters practically the same jurisdiction as the former county
courts. The term prothonotary appeared in this ordinance. This officer
was to act as clerk for the new court, but for many years the term pro-
thonotary continued to be used interchangeably with that of clerk of the
peace. With the further development of the judicial system the distinction
between them became more clearly defined, though both offices were usually
filled by the same man.56 The duties of the prothonotary, as a separate
officer, were first prescribed in detail by legislation in 171 5. 57
William Penn established a system of granting land to his colonists by
warrant and survey. For the purpose of conducting the sale of lands a
Secretary of the Land Office, Surveyor General, Auditor General, and
Receiver General were appointed.58 Deputy surveyors were appointed by
the proprietary or the Commissioners of Property at first, and later by the
Surveyor General. These deputies of the Surveyor General made the neces-
sary survey called for in the warrant. In 1781 the office of Surveyor Gen-
eral received statutory sanction.59 In 1850 the appointed office of deputy
surveyor was replaced by the elective office of county surveyor.60 In
1874 this county office was given constitutional sanction and the office
of Surveyor General was abolished.61
The Attorney General, through deputies, conducted criminal prosecutions
in the counties during the regime of the Penns. Evidence of this fact is
the appointment of James Logan as Attorney General in 1717.62 There
was no act to authorize the appointment of these deputies, but a number
65 For a discussion of judicial development, see infra, pp. 00-00 (Judiciary).
56 Eastman, op. cit., I, 187; F. M. Whitney v. James Hopkins, 135 Pa. 246 (1890).
6' 1715, III St. at L. 73, 125. For details, see infra, pp. 00-00 (Prothonotary).
es Sergeant, op. cit., pp. 34, 35.
59 1781, 1 Sm.L. 529 secs. 2, 3; 1843 P.L. 324 sec. 5.
00 1850 P.L. 434 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 160; 1929 P.L.
1278 sec. 51 am. 1931 P.L. 401 sec. 1.
01 Const., art. XIV, art. IV, sec. 19.
1,2 Eastman, op. cit., I, 251.
10
COUNTY GOVERNMENT
of acts recognized their existence and they were the precursors of the pres-
ent district attorneys, who superseded them in 1850. 1:3
The office to be designated as the register of wills during the constitu-
tional era of the Commonwealth also had its roots under the government
of the proprietor. In the Laws Agreed upon in England provision was
made for a register of birth, marriages, burials, wills, and letters of admin-
istration, distinct from the office for enrolling deeds.04 A Register General
was appointed for the province on December 7, 1682, who kept his office
in Philadelphia and commissioned deputies to act in the respective counties.
In the same volume in which this appointment is noted and which starts in
1682 are recorded inventories of estates and wills as well as records of
births, deaths, and marriages.03 The duties of the Register General and
his deputies were not clearly defined until the passage of the act of Janu-
ary 12, 1705. Under its provisions he was to be appointed by the Gov-
ernor and keep his office at Philadelphia. He was directed to appoint depu-
ties who were to give bonds, which were to be recorded in the orphans’
court.08
Another county office, the basis of which was established in the pro-
prietary era, is that of the three county auditors. A law of 1700 provided
that the justices of the county court and the assessors annually audit the
accounts of the county treasurer.07 In 1718 these accounts were audited
by the assessors and commissioners instead of the justices.08 This practice
continued until 1732, when an act of Assembly required the commissioners,
assessors, and treasurers to show the grand jury and the justices all account
books with the proper vouchers annually.89 The first provision for the selec-
tion of county auditors was made in 1791 when the court of common pleas
'Ibid., II, 471 ; 1850 P.L. 654 am. 1852 P.L. 45 rep. as to Dauphin County, 1853
P.L. 667 sec. 7 but reen. for the entire State, 1883 P.L. 15; 1929 P.L. 1278 sec. 245.
"‘Laws Agreed upon in England, 1682, in Charter to William Penn, p. 101 sec. 22.
"'William H. Loyd, Early Courts of Pennsylvania, p. 219. For a further discussion
of the office of Register General, see: Samuel Hood, Practical Treatise on the Law
Relating to Registers of Courts, Orphans' Court, Auditors, Executors, Administrators,
Guardians, and Trustees in Pennsylvania, pp. 37, 220; 1705, 1 Sm.L. 33 sec. 8 rep.
1917 P.L. 415 sec. 26; Martin, op. cit., p. 70.
"’Loyd, op. cit., p. 220 For development of orphans’ court, see section on Judiciary,
infra.
1,7 1700, II St. at L. 23 sec. 3.
' 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St at L. 10 sec. 13.
*a 1732, IV St. at L. 234 sec. 2.
GOVERNMENT ORGANIZATION
11
was authorized to appoint three reputable freeholders to audit, settle, and
adjust the public accounts of the treasurer and commissioners.70
The present board of viewers also had its inception under the proprietary
when the practice of appointing road viewers was begun. In 1685 the
county courts were authorized to select such a number of persons as they
saw fit to view all partition fences about improved lands, to be the sole
judges of the sufficiency of such fences, and to determine how the cost of
such fences should be divided. They were further authorized to notify
owners of improved lands of the insufficiency of such fences.71 In 1699 the
justices of each county were empowered to lay out and confirm all roads
except the King’s Highway and public roads, the latter to be laid out by
order from the Governor and Council. The justices of the county court
were authorized to appoint six men to view the site of a proposed private
road.72 This provision was repeated by an act of 1700 which, however, re-
stricted the construction of such roads on improved land.73
A statute of 1700 required that standards of weights and measures be
provided in each county and that the Governor appoint a county officer to
keep them in his custody.74 Many counties found this provision burden-
some and the office was abolished therein by special acts.75
The new constitutional government of 1776 did not immediately insti-
tute drastic changes in the form of Pennsylvania’s local government, al-
though they saw the culmination of a tendency toward concentration of
certain powers in the hands of officers clearly defined as county officials.
The administrative body of the county was still the board of county com-
70 1791, 3 Sm.L. 15 sec. 1.
‘‘Laws of the Assembly) May 10, 1685, in Charter to William Penn, pp. 178, 179.
'"Laws of the Assembly, May 10, 1699, in Charter to William Penn, p. 285 sec. 6.
73 1700, II St. at L. 68 sec. 2. See also act of 1735-36, IV St. at L. 296 sec. 1.
'4 1700, 1 Sm.L. 18 sec. 1 supp. 1834 P.L. 524 and reen. in 1845 P.L. 443 sec. 5
which was rep. in 1883 P.L. 6 No. 5.
75 1845 P.L. 524 rep. as to York County 1858 P.L. 44 No. 58; 1845 P.L. 443 rep.
as to Montgomery County 1859 P.L. 198 sec. 1 but its provisions were again extended
thereto by act of 1867 P.L. 233; 1845 P.L. 443 rep. as to Dauphin County, 1859 P.L.
198 sec. 1 but its provisions were again extended thereto by act of 1872 P.L. 121 rep.
1883 P.L. 6 No. 5; 1845 P.L. 524 rep. as to Berks, Bucks, Franklin, Lancaster, Lehigh,
and Westmoreland Counties by act of 1859 P.L. 198 sec. 1 rep. 1883 P.L. 6 No. 5; office
of sealer of weights and measures abolished in Cumberland, Clearfield, and Perry
Counties by act of 1859 P.L. 633 No. 625 ; 1845 P.L. 524 rep. as to Adams, Cumberland,
Perry, Lebanon, and Washington Counties 1860 P.L. 511 No. 417 rep. 1883 P. L. 6
No. 5. See also Giles D. Price, Index to Local Legislation in Pennsylvania from
1700 to 1892, passim.
12
COUNTY GOVERNMENT
tnissioners elected directly by the people for a 3-year term.76 The assessors
were also elected directly by the people 77 and the sheriff and coroner were
to be commissioned annually by the President in Council from two nominees
elected by the freemen.78
The Constitution of 1776 provided for the election of a recorder of deeds
and register of wills for each county.70 These offices, given constitutional
sanction at the same time were usually filled by one man and are filled by
the same man today in some of the smaller counties. The office of Register
General was abolished/0 Though no provision was made in this constitution
for the clerical offices of prothonotary and clerk of the court of quarter
sessions and oyer and terminer, during the period of the Revolution and
immediately following it the services of these offices were likewise per-
formed by the same individual. A clerk of orphans’ court was not recog-
nized by legislation in this period, but the court had already been definitely
identified much earlier and the clerks of the other courts acted as clerk of
the orphans’ court as well.81
Four years after the adoption of the Constitution of 1776 the office of
county assessors was abolished.82 Road viewers continued to be appointed
by the court, the number remaining at six, and their work being extended
to the vacating as well as the construction of roads.83
The Constitution of 1790 effected innovations in the judicial system
which were confirmed by act of 1791. 84 Each county was made part of a
judicial circuit headed by a president judge. The county itself was per-
mitted to have no fewer than three nor more than four judges.85 These
judges were authorized to appoint three auditors to “audit, settle and ad-
just the public accounts of the treasurer and commissioners.” 86 Provisions
for offices and registers of wills and recorders of deeds in each county were
again reiterated.87 The sheriff and coroner were to be appointed by the
70 Const., of 1776, ch. II, sec. 31.
77 Ibid.
78 Ibid. Thus was their 3-year tenure again reduced to 1 year.
79 Const, of 1776, ch. II, sec. 34.
" 1777, IX St. at L. 68.
61 For discussion of judicial development, see infra, pp. 27-42.
" 1780, X St. at L. 238 sec. 6.
" 1785, XI St. at L. 415 sec. 1.
81 See infra, pp. 27 ff. (Judiciary) ; also List of Judicial Districts.
“ Const, of 1790, art. V, sec. 4.
“1791, 3 Sm.L. 15, sec. 1.
" Const, of 1790, art. V, sec. 11.
GOVERNMENT ORGANIZATION
13
Governor from two nominees elected by the citizens of each county for a
term of 3 years.88 Prothonotaries, “clerks of the peace and orphans’
courts,” were constitutionally mentioned for the first time in a provision
requiring that they keep their offices in the county seat in which they were
officers.89 The appointment of these officers was to be made by the
Governor.90
After the adoption of the Constitution of 1790 the care of the poor was
shifted to the counties by a series of special acts providing for the appoint-
ment of elected poor directors for each county “poor district” and abolish-
ing township overseers of the poor. In 1798 this county system was set up
for Lancaster and Chester Counties.91 The number of poor directors was
usually fixed at three and their tenure was 3 years. They were authorized
to erect a county almshouse and supervise it when completed. Their accounts
were audited by the county auditors. Between 1798 and the adoption of
the Constitution of 1874, which forbade special legislation, over 20 counties
adopted this system. Other systems adapted to local needs and customs
were adopted elsewhere.92
In the same period the term of the county treasurer was fixed at 1 year,93
and many counties were authorized by legislation to adopt the county unit
poor system.94 The auditors were elected annually instead of being ap-
pointed by the court of common pleas from 1809 to 1814 when their term
was increased to 3 years, one auditor being replaced each year. In 1810
they were authorized to audit the accounts of the sheriff and coroner as
well as the commissioners and treasurer.95 It was also during this period
prior to the adoption of the Constitution of 1838 that provision was made
for the office of a clerk of orphans’ court, a function which had been exer-
cised previously by the clerks of the other courts. An act passed in 1834
provided that the orphans’ court be held in every county as a court of
record, the clerk to have custody of the records and seal of the court and
88 Ibid., art. VI, sec. 1.
89 Ibid., sec. 3.
90 Ibid., art. II, sec. 8.
91 1798, XVI, St. at L. 15. For other counties adopting this system, see Price, op.
cit., passim.
92 For a fuller discussion of these systems, see infra, ch. XXIX on County Institu-
tion District Board.
93 1799, 3 Sm.L. 393 sec. 13.
M See infra, ch. XXIX on the Institution District Board.
96 1809 P.L. 41, 5 Sm.L. 19 sec. 1 ; 1810 P.L. 208, 5 Sm.L. 161 ; 1814, 6 Sm.L. 103
sec. 1 rep. 1929 P.L. 1278 sec. 1051 ; 1834 P.L. 537 sec. 44 rep. 1929 P.L. 1278 sec. 1051.
14
COUNTY GOVERNMENT
to perform, under the direction of the court, all the duties pertaining to
his office.90
The laws pertaining to the duties of the road viewers were more definitely
summarized by an act of 1802. Under its provisions the court of quarter
sessions was empowered to appoint six men to view the proposed site of a
new road. They were to report their finding to the court and if the ap-
proval of five of their number was followed by the court’s approval the
county could begin the proposed construction.87
The Constitution of 1838 instituted many significant changes in county
government. It particularly fostered changes which increased the power
of the electorate. The prothonotary and clerks of the other courts, recorder
of deeds, and register of wills,98 as well as the sheriff and coroner,09 were
to be elected directly by the citizens of each county for a term of 3 years.
The constitution further stated that the “Legislature shall provide by law
the number of persons in each county who shall hold said offices and how
many and which of said offices shall be held by one person.” The legis-
lature promptly passed an act in 1S39 specifically designating these facts
for each county then in existence.100 In the decade which followed, the
county treasurer,101 the district attorney who replaced the former deputy
Attorney General in each county,102 and the county surveyor whose duties
were to include the functions of the former deputy surveyor ,o:‘ were made
elective.
The county commissioners in each county were directed to appoint a
mercantile appraiser 104 as the result of a tax at first placed on vendors of
foreign merchandise 10r’ and later extended to all mercantile establish-
ments.100 This development had been preceded a year earlier by a law
M 1834 P.L. 352; 1917 P.L. 363 sec. 8(b-l) ; Hood, op. cit., p. 105.
” 1802, XVII St. at L. 151 secs. 1, 17, 18, 25. See also acts of 1809, 5 Sm.L. 53 sec.
1 ; 1815, 6 Sm.L. 242; 1829 P.L. 114; 1836 P.L. 551 sec. 83.
M Const, of 1838, art. VI, sec. 3.
°° Const, of 1838, art. VI, sec. 1.
'"’1839 P.L. 559 sec. 1.
‘I>1 1841 P.L. 400 sec. 1.
103 1850 P.L. 654 sec. 1.
1850 P.L. 434 secs. 5, 10, 11 rep. 1929 P.L. 1278 sec. 1051 but recn. in sec. 160.
0M 1846 P.L. 486 sec. 12; 1887 P.L. 60 sec. 3 sup. 1899 P.L. 184 sec. 3; 1929 P.L.
343 sec. 609.
1 "" 1821, 7 Sm.L. 471 rep. 1824 P.L. 32 secs. 8, 9 but reen. in sec. 1 ; rep. 1830 P.L.
387 sec. 11 but reen. in sec. 1.
H' 1841 P.L. 307 sec. 10. For a list of the mercantile establishments subject to a tax,
see Pennsylvania Tax Commission Report to the General Assembly for the Common-
wealth of Pennsylvania, p. 17, hereinafter cited as Tax Commission Report.
GOVERNMENT ORGANIZATION
15
authorizing the commissioners of Philadelphia and Allegheny Counties to
appoint such an officer to facilitate the assessment of this tax.107 Another
change effected in the same period was in the method of tax assessment
and revisions. In 1842 the county commissioners were named, together
with the associate judges, an ex officio board for purposes of revision of
tax assessments. The judges were removed from the board by an amend-
ment passed 2 years later. 108 As a result of this action the board of re-
vision has consisted of the county commissioners alone in all except third-
class counties, since that date. A board for the assessment and revision
of taxes was established for counties with a population ranging from
300,000 to 1,000,000. The three members of this board were appointed
by the courts of common pleas to serve for 3 years. In 1931 this provision
was repealed in the same act which established a similar board for the
assessment and revision of taxes for all counties of the third class. This
board also consisted of three members but they were now appointed by
the county commissioners for a term of 4 years.109 Road viewers continued
to be appointed by the courts in each county throughout the period follow-
ing 1838. Their number was reduced to three by special acts in many coun-
ties starting in 1845. The scope of their duties was enlarged beyond the
mere viewing of roads.110 In 1854 the county superintendent of schools
began to function as a county officer, as a branch of the newly developed
school system of the Commonwealth. The superintendent was elected by
local boards of school directors for a term of 3 years.111 In 1867 two jury
107 1845 P.L. 533.
108 1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 501.
109 1905 P.L. 47 No. 32 sec. 1 rep. 1931 P.L. 1379 sec. 1 but reen. and am. in secs.
1-10.
110 1838 P.L. 537 secs. 19, 20; 1843 P.L. 177; 1844 P.L. 137 sec. 2; 1844 P.L. 570 sec.
10; 1845 P.L. 52; 1846 P.L. 175; 1850 P.L. 395; 1852 P.L. 488; 1852 P.L. 622; 1854
P.L. 62; 1854 P.L. 204; 1855 P.L. 189; 1855 P.L. 223; 1855 P.L. 240; 1856 P.L. 454;
1857 P.L. 204; 1857 P.L. 205; 1857 P.L. 296; 1857 P.L. 335; 1857 P.L. 338; 1859 P.L.
139; 1859 P.L. 309; 1859 P.L. 508; 1860 P.L. 53; 1860 P.L. 61; 1860 P.L. 76; 1860
P.L. 105; 1860 P.L. 144 rep. as to Lycoming County 1905 P.L. 75; 1860 P.L. 586; 1860
P.L. 610; 1861 P.L. 84; 1872 P.L. 413; 1876 P.L. 131 am. 1878 P.L. 41 further am.
1911 P.L. 91 sec. 1 ; 1878 P.L. 150 No. 190 rep 1929 P.L. 1278 sec. 1051 ; 1879 P.L. 146
am. 1887 P.L. 267 further am. 1903 P.L. 74 further am. 1911 P.L. 970 rep. 1929 P.L.
1278 sec. 1051 ; 1885 P.L. 170 supp. 1887 P.L. 306 rep. 1929 P.L. 1278 sec. 1501 but
reen. as am. in secs. 941-944; 1897 P.L. 213 am. 1901 P.L. 259 No. 166; 1911 P.L.
167 sec. 2; 1911 P.L. 756 art. XII sec. 1 ; 1901 P.L. 668 No. 338 rep. as to twps. 1917
P.L. 840 sec. 1500, rep. as to boros. 1915 P.L. 312 ch. XIII art. I sec. 1.
1,1 1854 P.L. 617 secs. 37, 39.
16
COUNTY GOVERNMENT
commissioners were added to the expanding group of county func-
tionaries."- After this time the personnel of the grand jury was selected
by them.
The Constitution of 1874 listed as county officers the prothonotary, clerk
of the courts, sheriff, coroner, register of wills, recorder of deeds, three
county commissioners, the treasurer, surveyor, controller or auditors, and
district attorney."3 Pennsylvania county government now reflected an
elaborate development from its original structure, as can be seen by a com-
parison of the charts of county government of 1682 and 1874. The new
constitution abolished the office of associate judge of the court of common
pleas, not learned in the law, in counties forming separate judicial dis-
tricts,"'1 and effected several definitive changes concerning the judici-
ary.115
By 1940 many further changes had been made in the structural organiza-
tion of county government as a result of increasing county activity. The
mercantile appraiser, formerly appointed by the county commissioners,
was now named annually by the State Auditor General.110 The terms of
all elected county officers were extended to 4 years with the exception of
the judges who retained their tenure of 10 years.117 In 1895 legislative
recognition was afforded the practice of the board of county commission-
ers to appoint a county solicitor to conduct and defend all suits brought on
behalf of or against the county.118 Today every county has such a
solicitor.110
The development of the office of county detective was similar to that of
county solicitor. It was established in Philadelphia in 1869 120 and in
Allegheny County in 1870. 121 In 1874 provision was made for the ap-
pointment by the district attorney of a special detective whenever such
appointment was deemed necessary in the solution of crimes.122 This soon
1,3 1867 P.L. 62 sec. 1 ; 1929 P.L. 1278 sec. 293 am. 1931 P.L. 401 sec. 1.
"“Const., art. XIV, sec. 1.
Ibid., art. V, sec. 5.
^ Ibid., sec. 9. See also Judiciary, infra, p. 34.
115 1899 P.L. 184 sec. 3 am. 1919 P.L. 963 sec. 1 ; 1929 P.L. 342 sec. 406. This power
of appointment was later transferred to the Secretary of Revenue.
117 Const., art. V, sec. 15, art. XIV, sec. 2 as am. 1909.
1834 P.L. 537 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 1031 ; 1895 P.L.
101 No. 75 am. 1903 P.L. 11 No. 11 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs.
151, 152.
Pennsylvania Manual, 1937, pp. 1146-1183.
130 1869 P.L. 1011 No. 1001 ; 1872 P.L. 575 No. 604.
U1 1870 P.L. 359.
,3' 1874 P.L. 219 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 281.
GOVERNMENT ORGANIZATION
17
became a common practice, recognized by legislation.123 The general county
law of 1929 with its amendments now governs this phase of county gov-
ernment ; different classes of counties are permitted to have varying num-
bers of chief and assistant county detectives.124
Closely following in the wake of the adoption of the constitution was
the appointment of a county engineer in 1876 for counties ranging in
population from 250,000 to 500, 000.125 Prior to this time the county com-
missioners had, when they felt it necessary, appointed an engineer for par-
ticular occasions. In 1919 county engineers were authorized for any county,
the commissioners being authorized to appoint a registered professional
engineer.126 In spite of this legislation, however, not every county has a
county engineer today. They exist only in 26 counties and in six of
these counties it is the elected surveyor who acts as county engineer.127
The office of inspector of weights and measures also has become a part
of the county system since the adoption of the Constitution of 1874. In
1877 the office of county sealer of weights and measures was reestablished
in those counties which had no sealer because of special acts abolishing the
office.128 A general act passed 6 years later abolished the office in all
counties.129 It was replaced in 1895 by an inspector of weights and meas-
ures, appointed by the commissioners for cities of the first and second
classes only.130 In 1911 the board of county commissioners of each county
was authorized to appoint a county inspector of weights and measures, 131
123 1913 P.L. 157 No. 107 (counties ranging in population from 300,000 to 700,000) ;
1919 P.L. 437 No. 215 sec. 1 permitted the appointment of an assistant county detec-
tive in counties having from 150,000 to 250,000 inhabitants, but no law had yet definitely
named a chief county detective for such counties ; 1919 P.L. 727 sec. 1 for counties
having less than 100,000 inhabitants.
124 1921 P.L. 535 rep. 1931 P.L. 401 sec. 26; 1919 P.L. 437 No. 215 sec. 1 rep. 1921
P.L. 243 sec. 3; 1921 P.L. 243 secs. 1, 2 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278
sec. 277 am. 1931 P.L. 401 sec. 1 ; 1925 P.L. 592 rep. 1931 P.L. 401 sec. 26; 1929 P.L.
1278 sec. 278 am. 1931 P.L. 401 sec. 1 further am. 1937 P.L. 941 further am. 1939
P.L. 441 No. 252 sec. 1 ; 1929 P.L. 1278 sec. 280 am. 1931 P.L. 401 sec. 1 further am.
1939 P.L. 441 No. 252 sec. 2 ; 1929 P.L. 1278 sec. 279 am. 1931 P.L. 401 sec. 1 ; 1929
P.L. 1278 sec. 281.
12,1 1876 P.L. 13 sec. 13 am. 1881 P.L. 21 further am. 1887 P.L. 301 further am. 1901
P.L.641. At that time only Allegheny County fell within this range.
1-8 1919 P.L. 163 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 166.
12, Pennsylvania Manual, 1939 , pp. 954-976.
128 1877 P.L. 52 No. 50.
129 1883 P.L. 6 No. 5.
130 1895 P.L. 386 sec. 1 sup. 1911 P.L. 275 sec. 1.
131 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.
18
COUNTY GOVERNMENT
two counties being permitted to work together with one set of standards
and one inspector.132
Another interesting development during this period is that of the pro-
bation and parole offices. The appointment of probation officers is a
discretionary power of the court of quarter sessions, which may appoint
any number of officers to supervise probation and parole matters relating
to dependent and delinquent children,133 adult offenders convicted for the
first time for any but the most serious crimes,134 persons paroled from
penal institutions 135 and cases of domestic desertion.130 Because of the
absence of specific requirements in the legislation, many variations exist
in the number of such officers appointed and the duties to which they are
assigned. In some counties a parole board has been set up by the court,
usually consisting of those county officers whose regular duties keep them
in touch with law enforcement and acquainted with penal conditions. They
receive no additional compensation for serving in this capacity and their
duties are more or less confined to receiving and acting upon petitions for
parole.
It was in the latter part of the nineteenth century also that an elected
county controller began to replace the three county auditors in counties
ranking in. the fifth class or higher. The controller first appeared in Phila-
delphia 137 and Allegheny 13H counties and his duties were expanded be-
yond those of the former auditors in that he was given supervisory con-
trol over fiscal affairs. In 1893 this office was provided for counties con-
taining 150,000 inhabitants or more and the county auditors were abolished
in such counties.130 This act was held unconstitutional in 1894 because
there was no indication in the title of the purpose of the act.140 It was cor-
rected and reenacted in 1895 111 and slightly amended in 1901. 142 An act of
132 Ibid.
123 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12; 1903 P.L. 274 sec. 3 am. 1909
P.L. 89 sec. 1 rep. 1933 P.L. 1433 sec 28 but reen. in sec. 17.
114 1909 P.L. 495 sec. 3.
191 1 P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1 ; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1.
1M 1913 P.L. 502 sec. 1. sup. 1917 P.L. 268; 1917 P.L. 773 No. 290 sec. 4.
m 1854 P.L. 21.
133 1861 P.L. 450.
1893 P.L. 393.
""Comm. v. Samuels et al., Appellants, 163 Pa. 283 (1891) ; Comm. v. B. R. Severn.
Appellant, 164 Pa. 462 (1894).
1895 P.L. 403.
"• 1901 P.L. 140.
GOVERNMENT ORGANIZATION
19
1909 permitted the establishment of this office by petition in any county
having less than 150,000 inhabitants.143 The act of 1895 as amended in 1901
was further amended in 1913 to include counties with a population of
100,000 or over and recognized the constitutional amendment of 1909
which increased the term of all county officers to 4 years.144 The county
law of 1929 repealed these acts but reenacted them as amended.145 Coun-
ties of the sixth, seventh, and eighth classes wishing to establish this office
follow the same procedure described in the act of 1909 except that court
approval is now required.148
Toward the end of the last century the board of viewers began to re-
place the former road viewers. In accordance with an act of 1883 the
courts of common pleas began the practice of appointing viewers in con-
demnation proceedings.147 This law together with the special laws which
had preceded it and which followed it in reference to road viewers finally
culminated in 1911 in the establishment of boards of viewers in each
county. These boards consist of from three to nine members, the exact
number in any particular county being determined by the court of com-
mon pleas. From this group either the court of common pleas or the
court of quarter sessions may select any necessary number to act as a
board of viewers in a particular matter.148
The development of ex officio boards such as the registration commis-
sion shows a tendency in the development of county government to unite
the efforts of the separately elected county officers in particular functions
relating to county government. After 1874 special registry assessors were
elected to perform registration duties except in municipalities and wards
made up of but one election district.149 This act of 1874 marked the incep-
143 1909 P.L. 434 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 136 am. 1933 P.L.
948 No. 161.
144 1913 P.L. 10.
145 1929 P.L. 1278 sec. 131 am. 1931 P.L. 401 sec. 1.
146 1929 P.L. 1278 sec. 136.
147 1883 P.L. 58 sec. 1 am. 1911 P.L. 1039 further am. 1921 P.L. 271 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 518 am. 1931 P.L. 401 sec. 1.
143 1911 P.L. 1123 secs. 1-4 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278 secs. 171-173
am. 1931 P.L. 401 sec. 1; 1929 P.L. 1278 secs. 174-176. For fuller details of develop-
ment, see essay on Board of Viewers, infra, ch. XXXV.
143 1874 P.L. 31 sec. 1 am. 1891 P.L. 134 rep. 1937 P.L. 487 sec. 46(a) and 1937 P.L.
1333 sec. 1901; 1874 P.L. 31 secs. 15, 18 am. 1933-34 (Sp. Sess.) P.L. 236 secs. 5, 6
rep. 1937 P.L. 487 sec. 46 (2, 14).
COUNTY GOVERNMENT
20
tion of a series of acts which culminated in the establishment of boards of
permanent registration throughout the Commonwealth, first in 1935 when
a uniform system was adopted for third-class cities 100 and later, in 1937
when it was adopted for boroughs and townships as well.101 This commis-
sion is composed of the county commissioners in an ex officio capacity.162
Closely following the establishment of this ex officio board was the
establishment of the county board of elections. Before 1937 supervision
over elections by county officials was divided among the commissioners,
the sheriff, and the courts. All of the duties were finally combined in 1937
and placed in the hands of one agency, the county board of elections which
consists of the county commissioners in an ex officio capacity.163
Other ex officio boards which developed during this period were the
salary board, the sinking fund commission, and the various prison boards.
Prior to 1876 county officers were usually paid by fees out of which each
officer secured both his own compensation and that of this assistants. A
salary system was established for counties with a population of 150,000
or more in 1876. The fees were to go to the county treasury.164 A salary
board was created in each county to determine the number of assistants to
be employed by each officer and the salary of each.166 This board consists
of the commissioners and controller, if there is one in the county,168 hence
this is its composition in counties from the first to fifth classes. In counties
of the sixth class the treasurer takes the place of the controller.167 In sev-
enth and eighth-class counties no provision is made for a salary board.
A sinking fund commission composed of the county commissioners, con-
troller, and treasurer was set up in 1909 in counties ranging in population
1C0 1935 P.L. 478 No. 195 rep. 1937 P.L. 849 sec. 47(a) but reen. and am. in secs. 1-46.
151 1937 P.L. 487.
Ibid .. sec. 3 (a, b) ; 1937 P.L. 849 sec. 4(a, d). There are special provisions for
cities of the first and second class, of which there are only one each in Pennsylvania,
Philadelphia and Pittsburgh. Scranton is the only city which is second class A and
there the permanent registration commission consists of four persons appointed by the
Governor with the advice and consent of the State Senate. See act of 1933-34 (Sp.
Sess.) P.L. 140 rep. 1937 P.L. 1132 sec. 47 but reen. and am. in secs. 1-46.
113 1937 P.L. 1333 sec. 1901.
"“ 1876 P.L. 13 sec. 1; 1876 P.L. 13 sec. 5 am. 1893 P.L. 127 No. 79 further am.
1923 P.L. 76.
1876 P.L. 13 sup. 1877 P.L. 33 rep. 1879 P.L. 72 sec. 1 but the repealing sec. was
itself rep. 1883 P.L. 182 sec. 1 (except as to cities of the first class).
Ibid.
,3: 1923 P.L. 944 sec. 5 am. 1933 P.L. 250 further am. 1937 P.L. 567.
GOVERNMENT ORGANIZATION
21
from 250,000 to 1,200,000.15S Provision for this commission was limited
to counties with a population of 150,000 to 250,000 on May 11, 1911, 159 but
was extended to all counties later in the same year.1'10 The sinking fund
commission, wherever there is one, now consists of the county commis-
sioners, the controller or auditors, and the treasurer.161
In colonial Pennsylvania the sheriff was the only prison authority. He
appointed a marshal, whose duties correspond to those of the present day
jail warden.162 An act of 1899 established a prison board to supervise
prison labor. The board consisted of the sheriff, the county commission-
ers, and the president judge.163 In 1907 its composition was changed to
include only the sheriff and the commissioners, the approval of the presi-
dent judge being required for all rules and regulations made by the board.1'14
The sheriff still appointed the warden and his staff.165 Exceptions were
made to this arrangement in so many counties that it can now be found
only in counties of the sixth, seventh, and eighth classes. The act of 1899
expressly permitted the continuation of boards of prison inspectors in
counties where they had already been established.166
In 1909 a board of inspectors of the county jail or prison, consisting of
the sheriff, controller, district attorney, county commissioners, and the
judges of the court of quarter sessions, was established in counties con-
taining 150,000 to 250,000 inhabitants. The board and not the sheriff
' 1909 P.L. 100 No. 59 sec. 1 rep. 1911 P.L. 895 sec. 13 insofar as it was inconsis-
tent with the act of 1911, wholly rep. 1917 P.L. 199 No. 100.
159 1911 P.L. 256 sup. 1911 P.L. 895 rep. 1929 P.L. 1278 sec. 1051.
1911 P.L. 895 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 395.
1,11 Ibid.
162 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp.
47, 50, 55, 65; Laws of the Assembly, March 10, 1683, in Charter to William Penn,
p. 139 ch. Cl; A Petition of Right, 1693, in Charter to William Penn, p. 208 ch. 53;
1790, 2 Sm.L. 531 sec. 28.
163 1899 P.L. 89.
164 1907 P.L. 247 secs. 2, 3.
165 1899 P.L. 89 sec. 7 am. 1903 P.L. 299 No. 232 sec. 1
108 1899 P.L. 89 sec. 3 ; boards of prison inspectors had been established in Phila-
delphia County, 1790, 2 Sm.L. 531 sec. 23; 1809 P.L. 25; 1823 P.L. 100 sec. 2; 1835
P.L. 232; in Chester, 1839 P.L. 10; in Dauphin, 1841 P.L. 189; in Berks, 1848 P.L.
399 supp. 1873 P.L. 625; in Lancaster, 1850 P.L. 89 rep. 1937 P.L. 2779; in Mont-
gomery, 1851 P.L. 388; in Schuylkill, 1852 P.L. 211; in Allegheny, 1865 P.L. 607 am.
1866 P.L. 8; in Delaware, 1866 P.L. 588 No. 562; in Luzerne, 1868 P.L. 917 No. 870;
in Lehigh, 1869 P.L. 716; in Northampton, 1871 P.L. 706; in Northumberland, 1878
P.L. 10.
22
COUNTY GOVERNMENT
appointed the warden. 11,1 Since 1921 such a board has been established in
all counties of the third and fourth classes.108 In fifth-class counties the
Prison is under the exclusive control of the county commissioners.160
In 1/90 the sheriff was authorized to appoint with the approval of the
court of quarter sessions as many prison keepers as he deemed neces-
sary.1'" Today the sheriff has this responsibility only in counties of the
sixth, seventh, and eighth classes. The prison boards in other counties
appoint the jail or prison warden.
W ith the advent of the twentieth century a growing social consciousness
culminated in the setting up of still another ex officio board, that of the
county institution district;1'1 its major function is the care of the indigent
and it replaced earlier county agencies performing this function in 1937.172
Under the new system all poor districts were abolished and the county com-
missioners were constituted a board for each institution district. Each
county is now such a district.
Another development during this period is that of the county tuberculosis
hospital and advisory board. In 1911 the poor directors of any poor dis-
trict were permitted to establish a hospital for the treatment of tuber-
culosis.1' • ] his provision was reiterated in 1925 174 but repealed in 1937.175
A concurrent development initiated in 1921 permitted the county rather
than the poor district to erect a tuberculosis hospital.170 The court of com-
mon pleas was given the power to appoint a board of trustees who were
to have lull control over the hospital.1" This act was replaced by an act
of 1925 which placed county tuberculosis hospitals under the joint control
1909 I L. 262 No. 171 am. 1913 P.L. 279 but the amendment of 1913 was uncon-
l,ecause ,f altemPtccI t0 legislate for counties with populations ranging from
S’nnn t0 off 5' Thc act °f 1909 incIudcs onI>r counties ranging in population from
I5U,UUU to _e0,000, and no notice was given in the title of the act of 1913 of any change
in classification. Co»,m. v. Thomas, 248 Pa. 258 (1915).
108 1921 P.L. 579.
1921 P.L. 470.
1,0 1790, 2 Sm.L. 531 sec. 28.
1,1 1937 P.L. 2017 secs. 301, 302.
173 1937 P.L. 2017 secs. 305, 401, 601-605.
1,5 1911 P.L. 1111 No. 836.
174 1925 P.L. 762 secs. 1200-1203.
175 1937 P.L. 2017 sec. 702.
,7‘ 1921 P.L. 944.
1TT Ibid., sec. 3.
GOVERNMENT ORGANIZATION
23
of the county commissioners and an advisory board,178 consisting of five
citizens appointed by the court and serving for a 5-year term.179
The increasing burden of poor relief led to cooperation between the
State and the counties in particular forms of relief. In 1913 the first
mothers’ assistance law went into effect, 1S0 giving to the counties an oppor-
tunity to obtain this form of relief by proffering an equal sum to meet
the amount appropriated by the State. The act of 1913 was amended in
1915, repealed in 1919, 181 and replaced in that year by a new mothers’
assistance law which did not differ basically from the original act.182 The
number of members of the county boards of trustees was fixed at seven in
1923. 188 By 1936 every county except Beaver, Pike, Perry, Clearfield,
Forest, Fulton, Fayette, and Elk counties had begun to participate in this
plan.184 Old age assistance went into effect in 1934, 185 and pensions to the
blind were first granted in that year.186 Unemployment relief had already
been put into practice.187
The need for a uniform system of “outdoor" or non-institutional relief
was recognized by the Public Assistance Law of 1937 in which all forms
of relief were coordinated under a State Department of Public Assistance
operating through county boards of public assistance. The county boards,
with which we are primarily concerned, are merely administrative units to
effectuate this plan. The county board consists of seven members ap-
178 1925 P.L. 65 sec. 3; 1925 P.L. 65 secs. 1-11 rep. 1929 P.L. 1278 sec. 1051 but
reen. in secs. 622-633.
179 1925 P.L. 65 sec. 3 rep. 1929 P.L. 1278 sec. 1051 but reen. and am. 1929 P.L.
1278 sec. 624.
180 1913 P.L. 118.
181 Ibid. am. 1915 P.L. 1038 rep. 1919 P.L. 893 sec. 19.
182 1919 P.L. 893 am. 1921 P.L. 1175 further am. 1923 P.L. 307 rep. 1937 P.L. 2051
sec. 18.
183 1919 P.L. 893 sec. 1 am. 1923 P.L. 307 sec. 1.
184 Pennsylvania Department of Welfare, Poor Relief Administration in Pennsyl-
vania, p. 24, hereinafter cited as Poor Relief Administration; Pennsylvania Manual,
1935-36, pp. 1013-1017.
185 1923 P.L. 189 held unconstitutional, 282 Pa. 440 (1926); 1933-34 (Sp. Sess.)
P.L. 282 rep. 1936 (Sp. Sess.) 28 sec. 25 but reen. in secs. 1-24 am. 1937 P.L. 2049 rep.
1937 P.L. 2051 sec. 18. The act of 1936 placed the granting of old age pensions in
Pennsylvania under the terms of the Federal Social Security Act.
180 1933-34 (Sp. Sess.) P.L. 246 rep. 1935 P.L. 621 No. 220 sec. 16 but reen. in secs.
1-15, 17, 18.
187 1836 P.L. 539 sec. 3 rep. 1937 P.L. 2017 sec. 702; 1931 P.L. 1503; 1932 (Sp. Sess.)
P.L. 88 rep. 1937 P.L. 2051 sec. 18; 1932 Sp. Sess.) P.L. 90; Poor Relief Adminis-
tration, pp. 48, 57, 79, 81.
24
COUNTY GOVERNMENT
pointed by the Governor with the approval of the State Senate for a
3-year term.1"*
A mosquito extermination commission was established in 1935 for coun-
ties indicating a desire to have one. It is composed of five members ap-
pointed by the commissioners to serve for a term of 5 years. IKU
General Administration. Administration of county affairs in Pennsyl-
vania rests on the dual axes of the county commissioners and the court of
quarter sessions. Although created exclusively to supervise the fiscal
aspects of county government, the county commissioners at the end of the
eighteenth century gradually assumed control over the processes of elec-
tions which they, acting ex officio as the county hoard of election and
registration commission, share today with the court of quarter sessions. In
addition, the court was given supervision over municipalities in the con-
struction of public works such as roads and bridges, a power lodged in it
at the present time ; as well as supervision over the clerical officers in the
compilation of public records.
Urbanization created new problems in the nineteenth century which
demanded the increasing attention of the county ; namely, the administration
of public welfare in the form of institutional relief, the prevention and
punishment of crime, and supervision over educational methods. Hence,
the poor directors were empowered to provide for indigent persons in
county institutions and the county commissioners were made responsible
for the maintenance of dependent and delinquent children, and indigent
persons. This duality of responsibility continued until the formation of
the county institution district in 1938 which is given complete control over
all classes of indigent persons in need of institutional care.
flic possibility of rapid movement of criminals over improved roads
led to increased activity on the part of the county in apprehending these
persons. Thus, the machinery of the law was strengthened in the county
and tlie functions of the district attorney, sheriff, and coroner were more
closely integrated.
In the matter of education the county has never played a vital part since
educational activity is a State function. The county enters the picture only
through the county superintendent of schools and through the county board
of school directors, who supervise educational methods in certain districts
and provide for transportation of students in rural areas.
' 1937 P.L. 2051 secs. 5. 14, 15, 17; 1937 P.L. 2051 sec. 4(a) am. 1939 P.L. 1091
sec. 2; 1937 P.L. 2051 sec. 4(e).
1935 P.L. 641 secs. 1, 2.
GOVERNMENT ORGANIZATION
2S
The broad functional lines in administration are much the same today
as they were under the Proprietors. The general trend is toward State
control over county activities which lie in the realm of State administrative
control, particularly in those cases where need is felt for uniformity in
practice among the counties throughout the State. The judiciary is based
on this development being a State activity exercised through the medium
of judicial districts composed of one, two or three counties.
Registration of Title to Property. Under the Dutch, titles for land,
in the region which later became Pennsylvania, were made by patent.
With the advent of the English, in many instances land was taken from
the Dutch who had actively opposed them, and granted to others. All
Dutch patents had to be renewed. All land held without patent was re-
quired to be patented under English authority. Under the Duke of York
vacant lands were granted by warrant and survey. Governor Andros ap-
pointed a surveyor in 1676.190
Under the proprietary government of Pennsylvania prospective pur-
chasers of land were required to make application in writing to the
Land Office. This application was entered in a book, and a warrant, or
order, was thereupon issued by the Secretary of the Land Office directing
the Surveyor General to make a survey for the warrantees. A report of
the survey was returned to the Land Office. Upon its acceptance the war-
rantee was entitled, upon payment of the purchase price, to receive a
patent on the land.101 This procedure was continued under the govern-
ment of the Commonwealth according to the former customs and usages
of the Proprietary Land Office.
Although modifications have been introduced in the matter of filing orig-
inal titles, the essential outlines of procedure have been preserved.192 In
1792 the Deputy Surveyor was directed to keep books in which to enter
applications for warrants and descriptions of the land, and after com-
pleting his survey, to record the boundaries in a survey book.103 A signifi-
cant change occurred in 1850 when the task of executing surveys in the
counties was given to an elected county surveyor who replaced the ap-
pointed deputy surveyor.194
190 Sergeant, op. cit., pp. 20-26.
191 Robert G. Bushong, Pennsylvania Land Lave, I, 332-338.
182 Ibid., p. 350; 1781, 1 Sm.L. 529; 1784, 2 Sm.L. 102. Under the Duke of York
the clerks of sessions recorded titles. Under the proprietary government a master of
rolls performed this function. See discussion supra.
193 1792, 3 Sm.L. 70 sec. 5.
194 1850 P.L. 434 secs. 5, 10.
26
COUNTY GOVERNMENT
Legislation designed to establish a system for recording instruments re-
lating to the conveyance of land was passed in 1715. In that year the basis
of the present method was instituted when the office of recorder of deeds
was established for the purpose of recording every deed and mortgage
brought to his office.11’5 Subsequent legislation imposed upon him the duty
of keeping appropriate indexes. 100 It was not until 1846, however, that the
recorder of deeds was required to record original patents granted by the
Commonwealth, as well as deeds of sheriffs, coroners, and treasurers.187
In 1818 he had been directed to record deeds of assignment for the benefit
of creditors, ,ns and in 1855, deeds of assignment for the benefit of creditors
filed by nonresidents. ,8!1 The existing system of recording satisfactions of
mortgages was instituted in 1715 when the mortgagee or his attorney, at
the request of the mortgagor, was required to enter satisfaction on the
margin of the record in the recorder’s office.200 In 1849 the recorder was
required to keep a record of assignments of mortgages.201
In all transactions involving land the tract must be identified. The
identification on the record need not be a formal description, but may be
by name,JI" by number, by adjoiner.2" ' or by a description of any house
erected on it. * 1 I he method used is to locate the tract and fix either natural
or artificial points on the ground, designating the owners of the adjoining
iand, the directions of the boundary lines ascertained by means of a survey-
ing instrument, the length of the boundary lines from point to point, and
the area of the tract.205
Liens affecting the title to property, other than mortgages, must be re-
corded in the office of the prothonotary of the court of common pleas. Of
1/15, 1 Sm.L. 94 sec. 1. For comment on earlier attempts to establish a recording
system, see Bushong, op. cit., II, 740, 741.
1827 P.L. 154 sec. 5; 1875 P.L. 32 secs. 1-4.
”'7 1846 P.L. 124 No. 100 sec. 1.
' 1818 P.L. 285 sec. 5; 1901 P.L. 404 secs. 9, 10.
1855 P.L. 415 sec. 1 ; 1857 P.L. 298 sec. 2.
' 1715, 1 Sm.L. 94 secs. 9. 10; 1849 P.L. 524 sec. 14; 1915 P.L. 198 No. 108.
1849 P.L. 524 sec. 14. Before 1849 there was a conflict of opinion on the recording
of assignments of mortgages under 1775, 1 Sm.L. 422. See Bushong, op. cit., I, 188.
"■Class v. Gilbert, 58 Pa. 266 (1868) ; McClements’ Appeal, 2 Super. 433.
C re i Icy and Demis v. 7 homas, 56 Pa. 35 (3867) ; W. I. Bachop v. Stephen Critch-
Inw. 142 Pa. 518 (1891) ; Fuller v. Cole, 33 Super. 653 (1907).
1 Bennett v. Billie, 4 Rawle 339 (1834) ; Rogers v. Smith, 4 Pa. 93 (1846) ; Szvartc
ivartc, 4 Pa. 353 (1846) ; Wright v. Chestnut Hill Iron Ore Company, 45 Pa. 475
(1863). See also 1868 P.L. 97 sec. 1 and 1917 P.L. 447 sec. 34(a).
Bushong, op. cit., I, 310.
GOVERNMENT ORGANIZATION
27
these the most important are judgments, mechanics’ liens, municipal liens,
liens of inheritance taxes, liquid fuel taxes, Federal taxes, surplus money
bonds, and attachments.
The prothonotary is likewise the custodian of the important records
relating to property. He must keep a partition docket in which he enters
all the proceedings in partition under the jurisdiction of the court of com-
mon pleas.206 Partition proceedings of estates under the jurisdiction of
the orphans’ court must be recorded in a docket kept by the clerk of
orphans’ court.207
Judiciary. The first courts of justice in the area which was later to be-
come Pennsylvania were established under the Swedes and the Dutch.208
In the Swedish settlement apparently Governor Printz himself admin-
istered justice.209 Under the Dutch, the sellout, the principal prosecuting
officer of the district, whose duties combined those of a sheriff and district
attorney, convened the justices’ court. Where local courts were established
the justices were known as schepens. Their jurisdiction was limited to
cases involving 100 guilders ; in cases beyond that amount there could be
appeal to the Director General and council of the New Netherlands. The
schepens also had criminal jurisdiction subject to appeal.210 At the last
period of Dutch dominion three judicial districts were recognized, one for
Whorekill, another for New Amstel, and a third for Upland. The district
of Upland was the portion of southeastern Pennsylvania which was then
settled.211
The period of the Duke of York's rule began in 1664. Dutch and Swed-
ish magistrates were continued in office but English jurisprudence was
established.212 The principal court was the general court of assizes, held
once a year, presided over by the Governor, and composed of the council,
mayor, and aldermen of New York, and the justices of the various courts
of sessions. It had legislative as well as judicial functions and it heard ap-
208 1850 P.L. 569 sec. 27.
■-07 1889 P.L. 23 No. 21 sec. 1 ; 1917 P.L. 337 sec. 42.
2ns Loyd, op. cit., p. 2.
209 Ibid.
Loyd, op. cit., p. 5. These courts were our earliest county courts and continued as
such till the coming of Penn, ibid., p. 34. The Upland court is really the first county
court on Pennsylvania soil. Ihe court was held by any three of six justices of the
peace named by the Governor. Iheir commissions were good for 1 year or until
further notice.
2,1 Ibid., p. 7.
212 Ibid., pp. 9, 10.
28
COUNTY GOVERNMENT
peals from the courts of sessions, tried the more important civil cases and
all capital cases where a special commission of oyer and terminer had not
been established.213 Courts of sessions were established in the ridings,
which were held three times a year and were attended by the justices of the
peace. The Governor presided; if he was unable to attend, then a member
of the council or the senior justice presided.214 This court had jurisdiction
in actions involving 5 to 20 pounds, could grant letters of administration,
and was bound to keep peace, try petty offenders, and grant liquor licenses.
Provision was also made for a town court consisting of the constables and
overseers. Its functions were chiefly administrative.215
Under Penn the executive powers were vested in the Governor and
Provincial Council, and the legislative powers in these agencies together
with the General Assembly of the representatives of the freemen of the
province. The judiciary consisted of courts to be erected by the Governor
and Council, the Council nominating a double number of candidates from
whom the Governor was to select a proper number for each office. This
was the only provision for the judiciary in the organic bodies of laws of
this period. The early constitutions were mainly concerned with the ex-
pression of the fundamental rights of man.210
Penn immediately appointed six justices of the peace for New Castle
and sent out notices for the holding of a court. The province of Pennsyl-
vania was divided into the counties of Philadelphia, Chester, and Bucks
within the first year of the proprietorship, and the county courts continued
as constituted in the Duke of York’s laws. The number of the justices
varied and in some cases a man of importance was commissioned as jus-
tice for the whole province.217 The jurisdiction was vague both as to civil
and criminal matters.218 Voluntary arbitration was practiced by three
persons chosen yearly as common peacemakers from 1683 to 1692. 210 The
county courts were vested with criminal jurisdiction in all except the crimes
of treason, murder, manslaughter, burglary, rape, and arson. At times,
however, special commissions of oyer and terminer were issued to some
of the justices to try a special offender.220
Ibid., pp. 16, 17 ; Duke of York’s Book of Laws in Charier to William Penn, p. 11.
3" Loyd, op. cit., p. 17.
3,3 Ibid., p. 19.
”• Ibid., pp. 46, 47.
“T Loyd, op. cit., p. 48.
5” Ibid.
~' J Ibid., pp. 48, 49; Colonial Records of Pennsylvania, I, 7, 34.
320 Ibid., p. 52.
GOVERNMENT ORGANIZATION
29
In 1683 the justices of each county court were required to sit, twice each
year, as an orphans’ court “That care may be taken for those, that are not
able to care for themselves.” 221 The courts of assizes had been replaced
by the Provincial Council as appellate courts but the business was found to
be too great to take care of all appeals. In 1684, therefore, an act was
passed which provided for five provincial judges, appointed by the Governor,
any three of whom “shall be a Provincial Court and sit twice every year
in the town of Philadelphia.” Any two of them were to go on circuit every
spring and fall and hold court in every county.222 A year later the number
of provincial judges was reduced to three. The original number was re-
stored in 1690. 223 Throughout the first 20 years of the proprietorship the
Provincial Council transacted a large amount of judicial business. Prior
to the establishment of the Provincial Court the Council heard all appeals ;
after its establishment such hearings were discouraged, but appeals con-
tinued to be brought before the Council for several years. The Council was
also the only court for the trial of serious crimes until 1685 when that
jurisdiction was conferred on the provincial courts.224
With the adoption of the Charter of Privileges in 1701, the government
of the province assumed a form that it was destined to retain, with slight
variations, until the Revolution. The Assembly now had the power to pre-
pare, propose, and enact laws. The Council ceased to exercise judicial
powers. It ceased to be elected but was appointed by the Proprietor in-
stead.225 An act of 1701 provided for the holding of “County Courts of
Sessions,” three justices to constitute a quorum with jurisdiction in civil
and criminal matters except for capital cases.226 These courts were mod-
eled on the English courts of common pleas. The county courts were given
equity powers in addition to their other jurisdiction. The Provincial Court
continued as formerly constituted, to hear appeals from the county courts
and to try capital cases and serious crimes. This same judiciary act pro-
221 Laws of the Assembly, March 1, 1683, in Charter to William Penn, p. 131 ch.
LXXVII.
222 Laws of the Assembly, May 10, 1684, in Charter to William Penn, p. 168 ch.
jCLVIII.
223 Laws of the Assembly, May 10, 1685, in Charter to William Penn, p. 178 ch.
CLXXXII; Laws of the Assembly, May 10, 1690, in Charter to William Penn, p. 184
:h. CXCVII ; Laws of the Assembly, May 15 and June 1, 1693, in Charter to William
Penn, p. 225 sec. 3.
I 224 Loyd, op. cit., pp. 63-69.
225 Ibid., p. 73.
220 1701, II St. at L. 148 rep. 1705, II St. at L. 456, 482.
30
COUNTY GOVERNMENT
vided for the duties of the orphans’ court. When the act of 1701 was re-
pealed in 1705 the judicial system was left in a state of confusion. In view
of the controversy over the passage of a new bill, Governor Evans issued
an ordinance for the establishment of the courts. The ordinance for the
first time designated the Provincial Court the “Supreme Court of Penn-
sylvania." This court was to consist of three judges appointed by separate
commissions and was to sit twice a year in each county. It had appellate
jurisdiction and was given power to hold a court of equity."7 For the first
time a separate court of quarter sessions of the peace was constituted.
The county courts, designated “County Courts of Common Pleas,” were
to be held by justices of the courts of general quarter sessions of the peace.
These courts had in civil matters practically the same jurisdiction as the
former county courts and all writs and processes were to issue out of the
office of the prothonotary. This provision contains the first use of the term
prothonotary in the Commonwealth. The courts of common pleas were to
hold courts of equity four times a year. Special commissions of oyer and
terminer and jail delivery were to be granted any county for the trial of
capital offences.
The Evans ordinance remained in force until it was replaced by the
Judiciary Act of 1710-11.""' In this act four judges constituted the Su-
preme Court with appellate jurisdiction in law and equity. The plan of the
Evans ordinance concerning the practice of separate courts of quarter ses-
•dnns and common pleas and a separate commission of oyer and terminer
was retained. This act was repealed in 1713,220 and “An act for estab-
lishing Orphans’ Court,” declaring the orphans’ court a court of record, was
passed in the same year. The act of 1713 became the basis of all subsequent
legislation referring to the orphans’ court.230 In 1715 an act was passed
regulating appeals to Great Britain.231 In the same year, in order to meet
the expediency of having all of their acts disallowed, the Assembly decided 1
to pass separate bills relating to the judiciary. It passed an act for the estab-
lishment of the Supreme Court,232 another for that of the courts of quarter
sessions,233 another for that of the courts of common pleas,234 and still
727 Eastman, op. cit., I, 187 ; Loyd, op. cit., p. 80.
” 1710-11, II St. at L. 301.
279 1713, II St. at L. 548.
Loyd, op. cit., p. 82.
331 1715, III St. at L. 32.
:n Ibid., 65.
“ Ibid., 33.
04 Ibid., 69.
GOVERNMENT ORGANIZATION
31
another providing for "the Better Ascertaining the Practice of the Courts
of Judicature in this Province.” 235 The only basic difference between these
acts and the act of 1711 was that the Supreme Court was given original
jurisdiction of all matters cognizable by the other courts and was to try all
capital cases which were formerly tried by the commission of oyer and
terminer. All of these acts were repealed in 1719.236 The province was
again without courts. Governor Keith met this situation by issuing com-
missions to the provincial and county courts authorizing them to try cases.237
This expedient, which was found impracticable, was replaced by law
in 1722. 238 Provision was made for county courts of quarter sessions and
for similar county courts of common pleas, with authority to hold pleas of
assizes and all types of actions, civil, personal, real, and mixed, to be held
after the quarter sessions. These courts were composed of justices ap-
pointed by the Governor. It was provided that a court of record be held
twice yearly in Philadelphia, to be called the Supreme Court and to con-
sist of three persons commissioned by the Governor, with appellate juris-
diction from the county courts and authority to issue writs of habeas
corpus, certiorari, and other remedial writs. In 1727 an act was passed
which attempted to deprive the Supreme Court of the power to institute
original process, but this measure was short-lived.239
By act of September 29, 1759, the judges of the court of common pleas
were appointed to hold the orphans’ court, a duty which had previously
been performed by the quarter sessions. The judges of quarter sessions
were not to sit in common pleas ; the court of common pleas was to consist
of five persons. However, other issues contained in the act caused discus-
sion and difficulty so that it was disapproved on September 2, 1760. 240 In
1767 an act of Assembly increased the number of supreme judges to four
and made several procedural changes.241 It was the practice prior to the
Revolution to issue a joint commission to the justices of the peace of each
county authorizing three or more of them to hold the quarter sessions and
also assigning any three or more of them to hold the common pleas.
235 Ibid., 73.
238 Eastman, op. cit., I, 223.
2J' Historical notes in Charter to William Penn, p. 382.
233 1722, III St. at L. 298.
2S“ Loyd, op. cit., p. 96.
240 Ibid., pp. 98, 99.
241 1767, VII St. at L. 107.
32
COUNTY GOVERNMENT
Separate commissions were issued to the Supreme Court justices together
with a joint commission of oyer and terminer.242
Before the beginning of the Revolution the administration of justice was
vested in the county courts of quarter sessions, common pleas, and orphans’
courts. These courts were presided over by the justices of the peace, who
were commissioned by the Governor, and were not required to be learned
in the law. There was a Supreme Provincial Court. It consisted at first
of five, later of three, and finally of four judges, of whom the chief justice
was generally a lawyer or possessed of some legal experience. This court
had original criminal jurisdiction in capital cases and general appellate
jurisdiction. The original jurisdiction in civil cases though not clearly de-
fined, was assumed to exist in cases of fines and common recoveries. Ap-
pealed cases involving issues of fact were tried in the Supreme Court
before a jury. The court sat twice a year in Philadelphia and went on cir-
cuit to the other counties. In certain cases appeals from this court could be
taken to the King in council. “There were special courts, such as that of
the corporation of Philadelphia and that for the trial of Negroes, and
finally the court of vice-admiralty of the crown.” 24:1
With the beginning of the Revolution the proprietary government of
the Penns collapsed, and the system of courts which they had established
was reorganized. Under the Constitution of 1776, which replaced Penn’s
Charter, the executive power was vested in a General Assembly and a
Supreme Executive Council. The latter was composed of 12 members
whose tenure was 3 years. The president and vice president were elected
by joint ballot of the Council and the Assembly. The selection and grant-
ing of commissions to all judges and other officers was to be done by the
president and Council, who were also to fill all vacancies. The judiciary
consisted of a Supreme Court, the justices of which were to be commis-
sioned for 7 years and to be removable for misbehavior at any time by the
General Assembly. The other branches of the judiciary were courts of ses-
sions, common pleas, and orphans’ courts.244
Provision was made for the election of justices of the peace by freehold-
ers of each city and county; that is, the freeholders were to elect two or
more persons for each ward, township, or district and return them to the
President in Council who was to commission one or more for each such
3,3 Loyd, op. cit., pp. 102, 103.
343 Loyd, op. cit., p. 106.
344 Eastman, 0p. cit., I, 271-273; 1777, IX St. at L. 29.
GOVERNMENT ORGANIZATION
33
political subdivision to serve for 7 years.245 An act of 1777 putting these
provisions into effect provided that the courts of quarter sessions and jail
delivery, petty sessions, common pleas, orphans’ courts, Supreme Court,
and courts of oyer and terminer and general jail delivery should he held
in each county with the authority held in the province and the jurisdiction
designated by the constitution. The president and Council were to appoint
one of the elected justices in each county to preside in the respective
courts.246 The authority of the provincial courts was thus continued.
A court of admiralty was created in 177 6 247 but admiralty jurisdiction
was made a Federal function with the adoption of the United States Con-
stitution.248
The Constitution of 1776 was considered quite inadequate and was re-
placed by the Constitution of 1790. The first basic change inaugurated
was the establishment of a bicameral legislature and the office of Governor.
The Supreme Court's jurisdiction extended over the State and its justices
were declared, by virtue of their offices, to be justices of oyer and terminer
and general jail delivery in the several counties. The judges of the court
of common pleas were to compose the court of quarter sessions of the peace
and the orphans’ court of each county. The register of wills with the
judges of the court of common pleas were to constitute a new court desig-
nated the register’s court. The State was, for the first time, to be divided
into judicial districts or circuits, none of which should include more than
six or fewer than three counties. Prior to that time each county had been
a judicial unit, a quorum of the justices of the peace for each county con-
stituting the courts. The Governor was authorized to appoint a president
judge for each circuit, and associate judges, no less than three nor more
than four, in each county. They served during good behavior.240
In 1791 the courts were established in conformity with the new consti-
tution and the State was divided into five judicial districts.250 A high court
of errors and appeals was organized under this act, consisting of the jus-
tices of the Supreme Court, the president judges of the common pleas, and
three other persons of “known legal ability commissioned in the same man-
ner as the judges of the Supreme Court.” This court was abolished, how-
245 Const, of 1776, sec. 30.
246 1777, IX St. at L. 29.
247 1776, VIII St. at L. 519.
248 U. S. Const., art. Ill, sec. 2.
248 Const, of 1790, art. V. Sec List of Judicial Districts, appendix.
250 1791, 3 Sm.L. 28.
34
COUNTY GOVERNMENT
ever, in 1806 and its powers were vested in the Supreme Court.251 Many
experiments were made relating to the Supreme Court, one of the results
being the establishment of a circuit court at Philadelphia. The circuit court
system was soon adopted in Pittsburgh and Lancaster, but it was abolished
for all counties in 1834.252
Important changes relative to the appointment of judges were prescribed
by the Constitution of 1838. The terms of the Supreme Court justices
were fixed at 15 years.253 The Governor was empowered to appoint all
judges of the court of common pleas. His appointments became subject to
the approval of the State Senate and the terms of the associate and presi-
dent judges were fixed at 5 and 10 years respectively. This constitution
was amended in 1850 and the judges became elective officials.254 This
amendment was further bolstered by legislation in 1851 when the General
Assembly declared that the qualified electors of each county should elect
one person to serve as president judge of the judicial district in which such
county was located and two associate judges of the courts of such county.
The judicial power of the Commonwealth continued in the hands of the Su-
preme Court, in courts of oyer and terminer and general jail delivery, in a
court of common pleas, orphans’ court, register’s court, and a court of
quarter sessions of the peace for each county, in justices of the peace and in
such other courts as the legislature might wish to establish in the future.255
The final changes effected by an organic body of laws were those made
by the Constitution of 1874. The judicial power was now vested in a Su-
preme Court, in courts of common pleas, courts of oyer and terminer and
general jail delivery, courts of quarter sessions of the peace, orphans’
courts, magistrates’ courts, and in such other courts as the General As-
sembly might from time to time establish.250 The judges of the Supreme
Court were to number seven, to be elected, and to hold office for 21 years.257
The courts of common pleas were continued in the same manner and it
was provided that no judicial district shall contain more than four coun-
ties.25< The people were to elect one judge learned in the law and such
"-31 1806, 4 Sm.L. 270.
"’Loyd, op. cit., pp. 135-138.
”* Const, of 1838, art. V, sec. 2.
“'Ibid, as am. 1850. See also 1851 P.L. 648. Under sec. 3 of this act and under
the Const, of 1838 the president judge had to be learned in the law.
1,5 Const, of 1838, art. V, secs. 1-9.
w Const., art. V, sec. 1.
"7 Ibid., sec. 2.
Ibid., sec. 4.
GOVERNMENT ORGANIZATION
35
additional judges as the General Assembly might provide. The office of
associate judge not learned in the law was abolished in counties constitut-
ing a separate judicial district.259 Judges of the courts of common pleas
learned in the law were declared to be judges of the court of quarter ses-
sions of the peace, oyer and terminer and general jail delivery, and of the
orphans’ court, and within their respective districts, justices of the peace
as to criminal matters.260 The register’s court was abolished.261
Before summarizing the jurisdiction of the various branches of the
judiciary as finally established under the Constitution of 1874 it will be
well to summarize the development of equity jurisdiction and the register's
and orphans’ courts.
Pennsylvania has always made some provision for the settlement of suits
in equity, that is suits not triable according to technical forms of law. Yet,
except for a very short period in its history, it has never had a separate
court of chancery. Under the Duke of York equity was administered
through the Court of Assizes at New York.262 Later, equity jurisdiction
was conferred on the town courts, if a matter under 5 pounds, and on the
courts of sessions if under 20 pounds.263 Penn took over the courts as he
found them. In 1684 an act of Assembly 264 provided that “the Quarter
Sessions be as well a court of Equity as Law” and that the judges of the
Provincial Court should have cognizance of appeals and all causes, both in
law and equffv, not determinable by the county courts. The county courts
were again given equity jurisdiction in 1690 and the Provincial Court was
given appellate jurisdiction in matters both at law and equity.265
The Judiciary Act of 1701 mentioned earlier in this chapter provided
that the county courts should hear and determine all such causes of equity
as should come before them, with appeals to the Provincial Court. This
provision was reiterated in the Judiciary Act of 1711. But in 1715 the
Judiciary Act did not confer equity jurisdiction on the courts of common
pleas which were established by an act of Assembly of the same year. In-
stead, this jurisdiction was given to the Supreme Court exclusively. When
judiciary acts were rendered ineffectual, Governor Keith was given power
259 Ibid., sec. 5.
260 Ibid., sec. 9.
261 Ibid., sec. 22.
262 Duke of York’s Laws in Charter to William Penn, p. 35.
243 Ibid., p. 61.
264 Acts of the Assembly, May 10, 1684, in Charter to William Penn, p. 167.
^ Laws of the Assembly, May 10, 1690 reen. May 15 and June 1, 1693, in Charter to
William Penn, pp. 184, 214, 225.
36
COUNTY GOVERNMENT
by the Council on August 6, 1720, to be a chancellor in equity and to hold
a court of equity for the province. Governor Gordon continued this court
upon assumption of his office in 1726. The courts met with much opposi-
tion and practically died with Gordon in 1736,2';0 and this was the first and
last of a separate court of chancery in Pennsylvania. The practice of ad-
ministering equity through common law forms was developed in its stead.
Several acts in 1757,207 1761 ,~,5S 1772'-™ and 1 774 -70 related to equity
jurisdiction. The Constitution of 1776 gave the Supreme Court and the
courts of common pleas chancery powers as to particularly designated mat-
ters.-71 The Supreme Court’s equity powers were extended further in 1786
and 1789. 272 Under the Constitution of 1790 all equity jurisdiction was
conferred on the existing courts of common pleas and the Supreme Court
of the State,27'1 and in 1836 equity powers were clearly defined as consti-
tuting part of the jurisdiction of the courts of common pleas and the Su-
preme Court. Some specific equitable remedies were confined to the court
of common pleas of Philadelphia County,274 but this was extended to all
counties 20 years later.277' The Supreme Court was eventually deprived of
original equity jurisdiction by the Constitution of 1874 except in cases of
injunction where a corporation was a party defendant.270 Thus we are
brought up to the present without a separate court of equity or chancery.
The orphans’ court in Pennsylvania followed a somewhat different
course of development. Under the Duke of York provisions were made
for the care of property of decedents. All cases of probate and administra-
tion were to be adjudged in the courts of sessions.277 The probate of wills
was accomplished through the Governor and a department known as the
prerogative court developed in his office. The jurisdiction of this office was
placed in the hands of local delegates where minor matters were concerned.
Eastman, of>. cit., pp. 234, 235.
1757, V St. at L. 315.
1761, VI St. at L. 100.
]772i VIn St at L 245
170 1774. VIII St. at L. 254.
271 Const, of 1776, ch. II, sec. 24.
773 1786, 2 Sm.L. 375; 1789, 2 Sm.L. 500.
178 Const, of 1790, art. V, sec. VI.
274 1836 P.L. 784 sec. 13.
275 1857 P.L. 89.
274 Const., art. V, sec. 3.
2" Duke of York’s Laws in Charier to William Penn, pp. 5, 6.
GOVERNMENT ORGANIZATION
37
This prerogative court continued to operate until it was succeeded by a
probate court in 1 7787 78
In the Laws Agreed upon in England provision was made for a register
of births, marriages, burials, wills, and letters of administration as dis-
tinguished from the office for recording deeds.279 Shortly thereafter this
provision was reiterated in the Great Body of Laws of the Province 280
and a Register General was appointed. Deputies of the Register General
were appointed in each county. In an act of 1705 the duties of the Register
General and his deputies were defined.281 This act was really a recognition
of the practice in the appointment of these officers but it also contained de-
tailed provisions for the probate of wills. An act of 1712 provided that
vacancies in the office of Register General should be filled within 3 weeks
by the Governor ; if the Governor failed to act the agents of the proprietary
were to appoint someone; if they failed, the vacancy was to be filled by the
judges of the Philadelphia court of common pleas.282 The judges of com-
mon pleas were to be called upon for assistance in determining controversies
in the settlement of dispute in the administration of wills.283 This practice
was the forerunner of the register’s court.
In the same period the orphans’ court began to take form. In 1683 the
justices of the respective county courts were required to “sit twice every
year to inspect and take care of the estates, usage and Employment of
Orphans, which shall be called the orphans’ court . . . that care may be
taken for those that are not able to take care for themselves.” 284 Attempts
were made to alter and define the jurisdiction of this court in 1701 285 and
1705-6. 2S8 It was the act of 1712-13, however, which really became the
source of orphans’ court jurisdiction for many years to come.287 The jus-
tices of the court of quarter sessions were empowered to hold a court of
record, called the orphans’ court, with jurisdiction over the accounts of
fiduciaries. Although the orphans’ court was here designated a court of
278 Loyd, op. cit., p. 216.
Laws Agreed upon in England, April 2, 1682, in Charter to William Penn, p. 101.
The Great Law or the Body of Laws, December 7, 1682, in Charter to William
Penn, p. 110.
231 1705, II St. at L. 194.
282 1712, II St. at L. 421 sec. 1.
283 Ibid., sec. 3.
*“4 Acts of the Assembly, March 10, 1683, in Charter to William Penn, p. 131. Re-
iterated 1700, II Stat. at L. 81 sec. 1.
286 1701, II St. at L. 148 secs. 8-11.
286 1705-6, II St. at L. 199.
287 1712-13, III St. at L. 14.
COUNTY GOVERNMENT
38
record it was not so treated for many years to come. The orphans’ court
was to be held quarterly in each city and county under the Constitution of
1776 2HS and its former jurisdiction was reaffirmed in 1777. 2S0 The office
of Register General was abolished and registers of wills, instead of deputies
of the Register General, were to perform the necessary work. The registers
were to be appointed for each county by the General Assembly.200
The Constitution of 1790 provided that the judges of the court of com-
mon pleas of each county should constitute the orphans' court and that they
together with the register of wills should compose a register's court.201
It also placed the power of appointment of the registers in the hands of the
Governor.202
In an act of 1832 the register of wills was granted jurisdiction of pro-
bating wills, granting letters of administration, and the passing and filing
of accounts of fiduciaries. Disputes were to be settled in the register’s
court as set up under the Constitution of 1790.203 In a later act of the same
year the jurisdiction of the orphans' court was redefined and broadened.20'1
This act, together with those which followed it, firmly established the
orphans’ court.
The Constitution of 1838 as amended in 1850 made the register of wills
an elective officer and continued the register's court and orphans’ court as
formerly constituted.205
The Constitution of 1874 provided for the establishment of a separate
orphans’ court with separate judges in the counties having a population
of 150,000 or more. The General Assembly was also given the optional
power to establish a separate orphans’ court in all counties. The jurisdic-
tion of the former register’s court was transferred to the orphans’ court
and the register’s court was abolished.200 In all counties where a separate
orphans’ court was to be established the register of wills was declared to
be clerk of orphans’ court.207
The “seven sister acts” passed in 1917 continued these constitutional
** Const, of 1776, ch. II, sec. 26.
*"• 1777, IX St. at L. 29.
100 Ibid., 68.
Const, of 1790, art. V, sec. 7. See also 1791, 3 Sm.L. 28.
M Const, of 1790, art. V, sec. 11.
”*18 32 P.L. 135.
** 1832 P.L. 190.
”* Const, of 1838, art. VI, sec. 3 as am. 1850. art. V, sec. 3.
”* Const., art. V, sec. 22.
™ Ibid.
GOVERNMENT ORGANIZATION
39
provisions, summarized the voluminous legislation relating to registers of
wills and the jurisdiction of the orphans’ court, and with their amend-
ments, remain today the basic authority for all matters relating to the
estates of decedents and orphans.298
In a brief summary of the judicial hierarchy as it exists today and in ex-
planation of the jurisdiction of the courts which compose this hierarchy
the Supreme Court of Pennsylvania must be considered first. The discus-
sion of the development of the judicial system has indicated that this court
was preceded by the Provincial Courts. Established in Evans’ ordinance
of 1707, it is the highest court in the State as to those matters which come
within its jurisdiction.299 It operates for the State as a whole and consists
of seven elective judges who hold their office for 21 years. The judge
whose commission expires first is Chief Justice. By virtue of their offices
the judges are justices of oyer and terminer and general jail delivery in the
several counties. They have original jurisdiction in cases of injunction
where a corporation is a party defendant, of habeas corpus, of mandamus
to courts of inferior jurisdiction, and of quo warranto as to all officers of
the Commonwealth whose jurisdiction extends over the State.300 They
have appellate jurisdiction by appeal, certiorari, or writ of error in civil
cases involving sums over $2,500 and in criminal cases following felonious
homicide.301
The Superior Court, established in 189 5, 302 is the only other true appel-
late court in Pennsylvania. Its authority is purely statutory and is ex-
pressly limited. It is in a sense an intermediate court of appeal, composed
of seven elected judges learned in the law. Their term is 10 years. This
court has no original jurisdiction except if occasion arises, to issue writs
of habeas corpus returnable to the Superior Court.303 The Superior Court
has final and exclusive appellate jurisdiction of all appeals which were at
the time it was instituted allowed to the Supreme Court in cases involving
appeals from the court of quarter sessions. An exception was made of
298 1917 P.L. 337, 363, 388, 403, 415, 429, 447.
299 Governor Evans Ordinance, February 22, 1707, in Charter to William Penn, p. 319;
1722, 1 Dali. 171 sec. 11. See also the various judiciary acts referred to supra.
300 Const., art. V, sec. 3. In some cases the Supreme Court has taken original juris-
diction where unusual public importance and desirability for speed in determining public
action necessitated it. See: Tranter v. Allegheny County Authority, 316 Pa. 65 (1934) ;
and Corporation for Relief of Widows v. Philadelphia, 317 Pa. 76 (1935).
301 1836 P.L. 784 sec. 1 ; Comm. v. Jones, 303 Pa. 551 (1931).
302 1895 P.L. 212 sec. 1.
803 Ibid., sec. 3.
40
COUNTY GOVERNMENT
cases involving the right to a public office in which cases appeal still lies to
the Supreme Court. Other cases of appellate jurisdiction taken away from
the Supreme Court and given to the Superior Court were cases appealed
from the courts of oyer and terminer except for felonious homicide;
enumerated cases appealed from the court of common pleas and orphans’
court ; and any case where the parties file an agreement stipulation to have
it heard by the Superior Court, in spite of the fact that the case would have
been appealable directly to the Supreme Court. The civil jurisdiction is
further limited to cases involving less than $2,500.304
Appeal may be taken from the Superior Court only if the jurisdiction
of the Superior Court is in issue, if the Constitution of the United States
is involved, il the State Constitution is involved, or if appeal is allowed
by the Superior Court itself or by one justice of the Supreme Court.305
I lie courts irom which all of these appeals are taken are the next rung
down in the judicial ladder. These are the courts of the judicial districts,
i hey consist of three main branches, the court of common pleas, the court
o! quarter sessions, and the court of oyer and terminer. From time to time
the jurisdiction of these courts has been restated."00 In counties where there
is more than one judge learned in law, these courts may try cases on the
.same trial list 01 hold separate courts for the trial of cases in common
pleas, quarter sessions, oyer and terminer, and equity. In those counties
where there is no separate orphans’ court they may also hold orphans’
court.307
1 he courts of common pleas have the jurisdiction and the power to hear
and determine all pleas, actions, and suits, civil, personal, real, and mixed
“according to the constitution and laws of this Commonwealth.” Besides
tlioe ordinary powers the courts of common pleas were specifically granted
equity jurisdiction under the constitution.308 Further jurisdiction of the
common pleas is extended to cases in which the Commonwealth is a party.300
!bid" secs. 1, 7; 1895 P.L. 248 sec. 3 am. 1923 P.L. 3 No 2 sec 1
nn° 1 895 P.L. 212 sec. 7.
For a discussion of the provincial and post-Revolutionary development of the
jurisdiction of these courts, sec Eastman, op. cit., I, 91, 151, 220, 311. See also the
acts of 1836 P.L. 784 sec. 12; 1860 P.L. 427 secs. 31, 32; 1901 P.L. 605 sec. 1.
7 1834 P.L. 333 sec. 43; 1875 P.L. 25 sec. 1; 1876 P.L. 19 sec. 1 rep. 1917 P.L.
363 sec. 24.
Const., art. V, sec. 20. See also 1700, II St. at L. 134 sec. 1; 1836 P.L. 784
secs. 12, 13.
1901 P.L. 637 sec. 1. An exception is made to this rule in the tax cases where
the Commonwealth is a party. The court of common pleas of Dauphin County has
express jurisdiction in these matters. See act of 1870 P.L. 57.
GOVERNMENT ORGANIZATION
41
The courts of quarter sessions have jurisdiction over all crimes and
misdemeanors of which exclusive jurisdiction is not given to the court of
oyer and terminer. The quarter sessions may, further, take, continue, or
discharge obligations of individuals bound to keep the peace.310 In addi-
tion to this general criminal jurisdiction, specific jurisdiction over several
civil and quasi-criminal matters such as roads and bridges, disputed
municipal boundaries, the widening of navigable streams, and desertion
and nonsupport has been bestowed upon the court of quarter sessions.311
The quarter sessions court has exclusive jurisdiction over dependent,
neglected, and delinquent children under 18 years of age, except in cases
involving homicide.312 It had exercised jurisdiction over dependent and
delinquent children as far back as the end of the eighteenth century.313
Hence, in the natural course of its development, this court was given gen-
eral supervision over probation and parole matters as to dependent and
neglected children when that system was established in 1901. 311 This sys-
tem was extended in 1909 to adult offenders convicted for the first time
for any but the most serious crimes,315 in 1911, to persons paroled from
county penal institutions 316 and in 1913 to cases of domestic desertion.317
Closely related to the probation and parole work of the court of quarter
sessions is the matter of provision for the detention of juvenile delinquents.
The court of quarter sessions sitting in juvenile cases is sometimes re-
ferred to as the “juvenile court. “ There are no separate juvenile courts
in Pennsylvania, except in Allegheny County,318 but the need for the
separation of the trials of juvenile and adult offenders was felt in the
latter part of the nineteenth century. In 1S93 provisions were made for
hearing juvenile cases separately, by the criminal courts.319 More specific
rules for the trial of juveniles were made in the Juvenile Court Law of
310 1860 P.L. 427 sec. 32.
3" See Title 36 of Purdon’s Pennsylvania Statutes Annotated, Permanent Edition,
hereinafter cited as Purdon’s Annotated Statutes; 1867 P.L. 78 sec. 1 ; 1895 P.L. 316
secs. 1, 2; 1879 P.L. 100 sec. 1 ; 1893 P.L. 284 sec. 3 as rep. and reen.
312 1903 P.L. 274 sec. 1 am. 1933 P.L. 1433 sec. 1 further am. 1939 P.L. 394 sec. 1.
313 1799, 3 Sm.L. 385 sec. 2; 1836 P.L. 539 secs. 31, 39; 1879 P.L. 84 sec. 1.
314 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12; 1903 P.L. 274 sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17.
315 1909 P.L. 495 sec. 1.
316 1911 P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1 ; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1.
317 1913 P.L. 502 sec. 1 sup. 1917 P. L. 268; 1917 P.L. 773 No. 290 sec. 4.
3,8 1933 P.L. 1449 sec. 201.
310 1893 P.L. 459 No. 328 rep. 1933 P.L. 1433 sec. 28.
COUNTY GOVERNMENT
42
1901 320 tw0 years later separate accommodations were provided for
juvenile offenders awaiting trial. This was the basis for the later juvenile
detention homes, which are under the control of the county commission-
ers.'1-1 Various practices have been adopted in different counties to meet
this situation, from the construction of separate buildings to the commit-
ment of delinquent children to the care of their parents.
The court of oyer and terminer has the power to try all crimes committed
in the county and it has exclusive jurisdiction in cases of murder, man-
slaughter, or other homicide, cases of treason, sodomy, buggery, rape, rob-
bery, statutory arson, mayhem, burglary, and other specified crimes.822
The orphans’ court, whether it be separate or not, has the jurisdiction
bestowed upon it by the Orphans' Court Act of 1917. Adoption proceed-
ings, the settlement of decedents’ estates and the estates of minors, the
probate of wills, the granting of letters of administration, auditing and
filing accounts of fiduciaries and compelling distribution are among its
many powers in this respect.123
Justices of the peace, magistrates, and aldermen comprise the lowest
rung of the judicial ladder. These officers are elected in the various wards,
districts, townships, boroughs, and cities for terms of 6 years.324 Their
courts are not courts of record; they have jurisdiction over lesser crimes
and disputes. They may hold over cases brought before them for grand
jury and subsequent trial in the courts of common pleas, quarter sessions,
and oyer and terminer. They have specific jurisdiction in civil matters
where the amount in controversy does not exceed $300 ; 323 in actions for
penalties for breaches of municipal ordinances;320 and in cases where
offenses made punishable by summary conviction have not been conferred
upon any particular court.327
3M 1901 P.L. 279 sec. 3 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 1 rep. 1933 P.L.
1433 sec. 28 but reen. in sec. 1.
311 1903 P.L. 274 No. 205 sec. 7 rep. 1933 P.L. 1433 sec. 28; 1903 P.L. 137 No. 98
sec. 1 am. 1913 P L. 870 No. 420 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 7 am.
1939 P.L. 394.
337 1836 P.L. 784 sec. 4 reen. 1860 P.L. 427 sec. 31 ; 1901 P.L. 879 No. 445 sec. 1.
333 1917 P.L. 363.
■‘Const., art. V, sec. 11 ; 1839 P.L. 376 sec. 1.
1810 P.L. 208, 5 Sm.L. 161 sec. 1; 1845 P.L. 72 sec. 3; 1879 P.L. 194 sec. 1.
Philadelphia and Allegheny Counties have their own peculiar setups and the discussion
herein contained may not be applied to them.
3-- 1835 P.L. 291 sec. 7; 1849 P.L. 409 sec. 7.
3:7 1929 P.L. 824 No. 356 sec. 1.
GOVERNMENT ORGANIZATION
43
Law Enforcement. The police power of the State is supreme. It re-
mains unchallenged and uninterrupted by the Federal Government. It is
a sovereign power to such an extent that any offense committed by an
individual within its confines is considered an offense against the Com-
monwealth. Only those offenses specifically granted to the Federal courts
by the United States Constitution and the Judiciary Act of 1789 are not
within the jurisdiction of the Commonwealth.
From the earliest times in colonial Pennsylvania the sheriff has been
the chief conservator of the peace within the county on behalf of the
State. One judge wrote in 1844: “On sheriffs and justices is the duty
cast of conserving the public peace. The very name of sheriff indicates his
duties, being derived from two Saxon words, seyre, that is, shire or county,
and reave, keeper or guardian. He is, both by the common law and special
commission the keeper of the peace of the Commonwealth within the
county ... To execute such duties . . . every citizen capable of bearing
arms ... is bound to yield a prompt obedience to his command, and repair
to meet him at any appointed place of rendezvous within the county.”328
The sheriff’s power to suppress disorder may also be exercised by the
coroner, by the local justice of the peace, the constable, or any other
municipal officer.329 The Pennsylvania Motor Police operate in such a
way as to supplement the work of the law enforcement officers where co-
operation among the counties is necessary.
The investigation of crime and criminals is conducted by these officers
and the district attorney, who is assisted by the county detectives. It has
always been the duty of the coroner to investigate deaths of a suspicious
or violent nature and to hold inquest.330 The coroner as a judicial officer
may empanel a jury of not more than six 331 and may compel the attend-
ance of witnesses to assist him in determining the causes of deaths and in
fixing the responsibility.332 If the jury has determined the responsibility
for a death, it is the coroner’s duty to apprehend the person so charged,
for which purpose he may direct his warrant to the sheriff. The coroner
is also a committing magistrate and if the jury should find a person guilty
of homicide, it is his duty to commit that person to prison, without bail,
828 In Re Riots of 1844, 2 Pa. L. J., 135, 283 (1844).
329 Sylvester B. Sadler, Criminal Procedure in Pennsylvania, I, 106.
580 1907 P.L. 92.
831 1857 P.L. 536 No. 592.
388 Re Pozver of Coroner, 11 Phila. 387 (1875).
44
COUNTY GOVERNMENT
to await trial. In the event that there is nu coroner by reason of vacancy
or absence from the county, or should his office be more than 10 miles dis-
tant from the place where the death occurred, a local justice of the peace
may hold the inquest in his stead.'"4 Where an inquest is necessary the
coroner is empowered to order a post-mortem examination, and he can
bind the county tor the services of a physician.'''''"’
In t.i imcs other than homicide the investigations leading to arrest are
pel i firmed by the district attorney assisted by the county detectives, or out-
side agencies. 1 he returns of the coroners and those of constables of all
offenses punishable at law, together with the presentations of the district
attorney or those of the grand jury itself or of a private prosecutor, culmin-
ate in indictments before prosecution is begun. Bills of indictment may
also be based on presentments or reports of the grand jury made after in-
vestigation of public evils by direction of the court or from the knowledge
oi tin jurors themselves. However it may be reached, '"A formal accusa-
tion is essential to every trial for crime. ’ 1 he ordinary form is the in-
dictment. The less commonly used form is the information, also a written
formal accusation but limited by the constitution to cases arising in military
sei vice or by permission of the court in cases involving oppression or mis-
demeanor in office.- 1 Both the indictment and the information are prepared
by the district attorney. Prior to 1850 this was the duty of a deputy of
the Attorney Geneial. In that year, however, the duties of the deputy were
vested in an elected district attorney.33*
Before the bill of indictment is prepared there must be an arrest based
on information made under oath lx1 fore a magistrate and there must have
been a preliminary hearing where the defendant might be confronted by
his examiner and witnesses and have an opportunity to cross-examine them ;
if a prima-facie case is then made out the magistrate returns it to the court.
The bill of indictment is then prepared and laid before the grand jury, a
majority of which must concur in order to find a true bill, thus placing
“’Sadler, op. at., I, 38, 39. Sec cases cited therein.
"* Ibid.
*“ Sadler, op. cit., II, 875.
Const., art. 1, sec. 8; Sadler, op. cit., I, 238, 243, 251-255. For returns of con-
stables, aldermen, and justices of the peace, see 1875 P.L. 28 No. 31 sec. 3.
m Const., art. I, sec. 10.
Const., art. XIV, sec. 1; Comm, ex rcl. Minerd et al.. Appellants v. Margiotti,
325 Pa. 17 (1936) ; 1850 P.L. 654 sec. 1; 1929 P.L. 1278 sec. 246 am. 1931 P.L. 401
sec. 1 further am. 1939 P.L. 2619 sec. 1.
GOVERNMENT ORGANIZATION
45
the prisoner on trial.339 At times the district attorney may present an in-
dictment before a grand jury without previous binding over or commit-
ment of the accused. This power is exercised only when there is an urgent
need to apply the law enforcement machinery.340
The indictment having been sustained, steps for the arrest and trial of the
defendant are taken. The usual method for instituting proceedings in the
apprehension of criminals is by means of a warrant of arrest issued upon
information given under oath before a justice of the peace, sheriff, or dis-
trict attorney. The warrant is directed to an authorized ministerial officer
such as a constable, deputy sheriff, or county detective authorizing the
apprehension of the alleged offender.341 The judges of the court of quarter
sessions and oyer and terminer may also issue writs, warrants, and other
processes to the sheriff or to the coroner when circumstances demand this
procedure.342 In cases of arrest by warrant, the constable or other officer
must take the person named thereon into custody. In order to do this he
is further empowered to call citizens to his assistance.343 There are cases
where breaking in doors, destroying property, and killing in the execution
of arrest are justified.344 The formal warrant must be specific in form and
content in order to prevent injustice. Arrests may be made without a
formal warrant in some instances. An officer may arrest without a warrant
for an offense he sees committed, or for one recently committed, where
the offender is escaping.345 He may also arrest without warrant where a
felony has been committed or where he has reasonable grounds to believe
that it has been committed recently and that the person whom he arrests is
actually the offender. He may also arrest without a warrant for mis-
demeanor committed in his presence. He may not arrest without a war-
rant, however, unless the misdemeanor constitutes a breach of peace even
if it is an act in violation of a municipal ordinance.348 Special provisions
for such arrests by policemen have been made in cities of the third class,
permitting them to be ex officio constables.347 Similar provisions were made
438 Sadler, op. cit., I, 241.
340 Ibid., pp. 255, 256.
341 Ibid., pp. 77-90.
342 1860 P.L. 427 sec. 1.
343 Sadler, op. cit., I, 87.
344 Ibid., pp. 88, 89.
343 .SVe 1929 P.L. 177 sec. 712 in which this common law power was extended to
include State Police.
343 Philadelphia v. Campbell, 11 Phila. 387 (1875).
347 1913 P.L. 568 sec. 7 am. 1919 P.L. 310 sec. 25.
46
COUNTY GOVERNMENT
for boroughs in 1927, townships of the first class in 1931, and townships
of the second class in 1 933. 348
In cases of arrest without a warrant it is the duty of the officer making
the arrest to take the accused without delay before a justice of the peace
for formal accusation and hearing before he is incarcerated.340 In 1909,
however, the sheriff, constables, and members of the State Police, now the
Pennsylvania Motor Police, were empowered to detain suspects for 48
hours in lockups or prisons until their cases could be disposed of according
to law.350 Since 1889 the county commissioners have had the power to offer
a reward for the apprehension or detection of criminals.351 After a formal
arrest is made the prisoner may be released on bail or may be committed to
the custody of the sheriff or local constable and placed in jail. While in
jail the accused is in the custody of the warden but must be removed to
the custody of the sheriff during trial.
Prisons were provided early in Pennsylvania history for each town
where a court was to be held.352 The sheriff was responsible for the man-
agement of the jail and he appointed employees to aid him in this work.353
In 1899 legislation required the establishment of a prison board in every
county, to consist of the sheriff, the county commissioners, and the presi-
dent judge of the court of common pleas.354 This law was not to be in con-
flict with any preceding special laws and in those counties where prison
boards had already been established by special acts of Assembly before the
adoption of the present constitution this law and similar laws which fol-
lowed had little effect except in counties of the sixth, seventh, and eighth
classes. In 1907 the composition of this prison board was changed to ex-
clude the president judge as a regular member of the board, but his ap-
proval was still required for the rules of the board.355
In 1909 counties having a population of more than 150,000 and less than
J4’ 1927 P.L. 519 sec. 3102; 1931 P.L. 1206 sec. 1403; 1933 P.L. 103 sec. 591.
3,3 Sadler, op. cit., I, 91-98.
“° 1909 P.L. 141 No. 92 sec. 1.
1889 P.L. 132 No. 147 sec. 1 am. 1919 P.L. 41 No. 31 sec. 1 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 491.
333 Duke of York's Laws, March 1, 1664, in Charier to William Penn, pp. 47, 65;
Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 139; A Petition
of Rights in Charter to William Penn, June 1, 1693, p. 208.
Duke of York’s Laws, March 1, 1664, in Charter to William Penn, pp. 50, 55:
1790, 2 Sm.L. 531 sec. 28.
354 1899 P.L. 89.
*“ 1907 P.L. 247 secs. 2, 3.
GOVERNMENT ORGANIZATION
47
250,000 were affected by a new regulation which set up a board of in-
spectors of the county jail or prison. This board was to consist of the dis-
trict attorney, sheriff, controller, judges of the court of quarter sessions,
and the county commissioners. In 1921 this provision was extended to all
counties of the third and fourth classes.356 In the same year the county
commissioners alone were declared the members of a prison board for all
fifth-class counties.337 In the smaller counties the sheriff is still in control
of the jail or prison. The jail or prison warden is appointed by the board
of prison inspectors where there is one or by the sheriff where he alone is
responsible for the prison management.
The prosecution of persons accused of crimes begins after the bill of
indictment has been brought into court as a “true bill” by the foreman of
the grand jury. At all such times the district attorney or his assistant is the
legal adviser of the grand jury. It is his duty as prosecuting attorney to
bring proper witnesses before the jury as well as to superintend the exam-
ination of the witnesses and to give instructions on all questions of the
law.358 The district attorney, as the successor of the Deputy Attorney Gen-
eral, represents the Commonwealth in criminal prosecutions. He must en-
dorse the bills of indictment and conduct all criminal and other prosecu-
tions in the name of the commonwealth. He may not discharge a prisoner
from custody nor enter a nolle pros without first obtaining the approbation
of the court in writing.359
After a verdict of guilty has been rendered by the jury the court of
quarter sessions and oyer and terminer may sentence the prisoner to a
State penitentiary or to the county jail.360 In some cases prisoners are com-
mitted to a workhouse as in Allegheny County.301 The length of the prison
term is prescribed by law. Women over 16 years of age are committed to
the State Industrial Home at Muncy, since they may not be imprisoned in
a State penitentiary.302 Male criminals between the ages of 15 and 25 not
known to have been previously sentenced to any State prison may be sent
to the Pennsylvania Industrial School at Huntingdon.303 Male or female
356 1909 P.L. 262 No. 171 am. 1913 P.L. 279 but the amendment of 1913 was held
unconstitutional in Comm. v. Thomas, 248 Pa. 258 (1915) ; 1921 P.L. 579.
357 1921 P.L. 470.
358 Sadler, op. cit., I, 266, 267, 274.
350 1850 P.L. 654 sec. 1.
800 Sadler, op. cit., I, 732, 733.
301 1866 P.L. 8; 1871 P.L. 184.
362 1935 P.L. 1165.
3,13 1887 P.L. 63 No. 30 sec. 4. This school is now at White Hill.
48
COUNTY GOVERNMENT
incorrigible children under the age of 21 years residing in western Penn-
sylvania may be admitted to the Pennsylvania Training School at Mor-
ganza.304 Dependent, neglected, and delinquent children under 18 may be
committed, after a hearing by the juvenile court, to any society organized
ior the protection of children; to approved families; or to an industrial or
training school. Many counties have established juvenile detention
homes. \\ hen a jury acquits a defendant on grounds of insanity, he must
be examined and if found to be insane he is committed to a hospital for
mi ntal diseases under the Mental Plealth Act of 1933. lhc county bears
the expense.300
In all cases it is the duty of the sheriff or his deputy to deliver prisoners
and insane persons to the proper places of confinement.307
finance. The fiscal control of county government is in the hands of the
county commissioners, the treasurer, the auditors and controller, the sink-
ing fund commission, and the salary board. The board of county com-
missioners plays a highly important role in this connection, especially in
counties which have three county auditors but no controller. The commis-
sioners supervise the levy and collection of taxes, appropriate county funds,
initiate most of the public works projects, and purchase supplies. The
treasui ir disburses money as authorized by orders issued by the commis-
sioners. He informs the commissioners of the financial condition of the
county treasury from time to time, collects delinquent taxes, conducts treas-
ui ei s sales of property on which taxes have become delinquent, and serves
as a collection agency for certain taxes levied by the Commonwealth. The
controller countersigns all orders issued by the commissioners, scrutinizes
hills to see that they are legally payable, sees that bids for contracts are
made in the proper manner, prepares the county budget, and audits the
accounts of county ofticers handling county funds. In those counties having
auditors instead of controllers the commissioners handle most of this activ-
ity, the auditors doing the auditing of county funds. The salaries of the
employees of county officers are fixed by the salary' board, and the sinking
fund commission is responsible for the administration of county funds to
he applied toward the bonded indebtedness of the county.
4 1850 P.L. 538 sec. 15 saved from rep. 1933 P.L. 1433 sec. 29 and 1933 P.L. 1449
sec. 502.
*“ D33 P.L. 1433 sec. 8 am. 1939 P.L. 394 sec. 1.
1923 P.L. 998 secs. 303, 304, 307, 308. See also 1845 P.L. 440 sec. 10 and 1860
P.L. 427 sec. 66 am. 1929 P.L. 532 sec. 2.
'11T 1887 P-L. 63 sec. 9; 1917 P.L. 237 No. 129 sec. 1 ; 1923 P.L. 1044 sec. 3; 1929 PL
640 sec. 3; 1929 P.L. 1278 sec. 186.
GOVERNMENT ORGANIZATION
49
The expenditures of the following county officers and institutions are
subject to budgetary control: commissioners, solicitor, recorder of deeds,
prothonotary, clerk of courts, register of wills and clerk of orphans’ court,
sheriff, coroner, district attorney, probation and parole officers, jury com-
missioners, treasurer, controller, county superintendent of schools, sur-
veyor, inspector of weights and measures, and several minor officials.
The necessity for auditing county accounts was recognized as early as
1700 when a statute provided that the justices of the county court and the
assessors annually audit the accounts of the county treasurer.368 The jus-
tices were relieved of this duty in 1718 and for the next 15 years the com-
missioners joined the assessors in the auditing of these accounts.309 In 1732
the commissioners, assessors, and treasurer were required to exhibit their
accounts to the justices and grand juries annually.370 After the adoption
of the Constitution of 1790 the need was felt for a more complete system
of county auditing. In 1791 the court of common pleas of each county was
authorized to appoint three auditors to “audit, settle, and adjust” the treas-
urer’s and commissioners’ accounts and to file all of these accounts with the
court of common pleas.371 County auditors were made elective in 1809. 372
One year later their auditing duties were extended to the accounts of the
sheriff and coroner.373 In 1814 the term of county auditors was increased
from 1 to 3 years 374 and finally to 4 years under the Constitution of 1874
as amended in 1909. 373 In 1879 the duties of the auditors were extended to
the auditing of the accounts of the directors of the poor.376
A movement to replace the office of county auditors with that of a con-
troller, who would have greater control over county finances than his pre-
decessor, was begun in the middle of the nineteenth century. This was
especially true in the larger counties. The new office was established for
Philadelphia County in 1854 377 and for Allegheny County in 1861. 378 In
1893 county auditors were abolished by legislation in counties containing a
308 1700, II St. at L. 23 sec. 3.
369 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13.
370 1732, IV St. at L. 234 sec. 2.
I 371 1791, 3 Sm.L. 15 sec. 1.
3,J 1809 P.L. 42, 5 Sm.L. 19 sec. 1.
373 1810 P.L. 208, 5 Sm.L. 161.
374 1814, 6 Sm.L. 1031 sec. 1 rep. 1929 P.L. 1278 sec. 1051 ; 1834 P.L. 537 sec. 44 rep.
1929 P.L. 1278 sec. 1051.
' 376 Const., art. XIV, sec. 2 as am. 1909.
378 1879 P.L. 30 ; 1881 P.L. 537 sec. 44.
377 1854 P.L. 21 sec. 12.
378 1861 P.L. 450.
50
COUNTY GOVERNMENT
population exceeding 150,000 and provision was made for a controller to
assume their duties.370 This act was held unconstitutional in 1894 because
there was no indication in its title of the purpose of the act.380 It was cor-
rected and reenacted in 1895, 381 slightly amended in 1901, 382 and again
amended in 1913. 383 The act of 1913 extended these provisions to include
counties with a population of 100,000 or more and recognized the consti-
tutional amendment of 1909, which increased the term of all county officers
to 4 years. In 1909 counties of less than 150,000 were given the prerogative
to set up this new office by petition.384 The act of 1929 repealed the acts
of 1895, 1901, 1909, and 1913, but reenacted them as amended.383
In counties where there are still no controllers accounting is under the
supervision of the county commissioners. The county auditors audit and
adjust the accounts of the commissioners, treasurer, and sheriff and make
an annual report thereof to the court of common pleas. The commission-
ers must calculate the probable expenses of the county for the coming
year.388 In counties where there is a controller the duty of preparing a
budget as a check on county expenditures devolves upon him.387
In counties where there is no controller the commissioners may fix the
rate of taxation necessary to meet the budgeted expenses.388 This rate is
determined after the returns of locally elected assessors have been made.
Under the same general law, where there is a controller it is his duty to
prepare a proposed budget at least 30 days before the date set for final
adoption and to transmit it to the county commissioners not later than Feb-
ruary 1. The county commissioners may make any revision which may
appear necessary, adopt the budget, and make the necessary appropriation
to put it into effect. At the time the budget is adopted the county commis-
373 1893 P.L. 393.
M0 Comm. v. Samuels ct al, Appellants, 163 Pa. 283 (1894); Comm. v. Severn,
Appellants, 164 Pa. 462 (1894).
*" 1895 P.L. 403 No. 288.
382 1901 P.L. 140.
393 1913 P.L. 10. ,
1909 P.L. 434. Counties of the sixth, seventh, and eighth classes may avail them-
selves of this privilege only with the approval of the court, 1929 P.L. 1278 sec. 136 am.
1933 P.L. 948 No. 154.
1929 P.L. 1278 sec. 1051. Reen. in secs. 131, 136, 341-353.
3,0 1717-18, III St. at L. 175 sec. 2; 1724-25, IV St. at L. 10 sec. 3; 1799, 4 Dali.
508 sec. 7; 1929 P.L. 1278 sec. 363; 1929 P.L. 1278 sec. 364 am. 1935 P.L. 1184 sec. 2.
1,7 1893 P.L. 393 sec. 5; 1895 P.L. 403 No. 288 sec. 5; 1929 P.L. 1278 sec. 346 am.
1935 P.L. 1184 sec. 2.
389 1929 P.L. 1278 sec. 361 am. 1935 P.L. 1184 sec. 2.
GOVERNMENT ORGANIZATION
51
sioners may fix the tax rate to raise the necessary amounts in order to meet
the budgeted expenditures.389 In either type of county, final action may
not be taken on the proposed budget until after at least 10 days public notice,
and the budget must be published at least 20 days prior to the date set for its
adoption. Within 15 days after adoption, a copy of the budget must be filed
with the Department of Internal Affairs. The commissioners may not in-
crease the expenditures of the county to an amount beyond the taxes as-
sessed, but they may authorize the transfer within the same fund of any
unencumbered balance from one spending agency to another during the
last 9 months of the year.390 Budgets for school districts are prepared by
the board of school directors in the same manner as the county budgets.391
Two classes of property, real and personal, are taxable for county pur-
poses in Pennsylvania. Real property includes : lands, houses, lots, mills,
factories, buildings, and structures of all kinds which are attached to the
land. Personal property includes : furniture, horses, cattle, and machinery.
Intangibles, such as mortgages, notes, loans, stocks, and bonds are per-
sonalty and are taxed exclusively for county purposes at the rate of
4 mills.392 This tax was first levied in 1913. 393 Trades and occupations
are likewise subject to a county levy. All real estate taxable for county
purposes is subject to school taxes by school directors,394 who, in addition,
may levy a per capita tax.395 Before 1938 taxes for poor purposes not ex-
ceeding 10 mills were levied by the county commissioners as part of the
general county tax on real estate and occupations. Since that time the}’
have been levied by the county institution district board, which is composed
of the county commissioners ex officio.396 Specific exemptions from prop-
erty taxes for county, road, poor, and school purposes include: property
of churches and municipalities, all burial grounds and mausoleums not in
use for private gain, property of educational and charitable institutions, of
330 1929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2; 1929 P.L. 1278 sec. 370 added
1935 P.L. 1184 sec. 3.
'IS0 Pennsylvania Economic Council, Budget Programs and Requirements for Local
Governments in Pennsylvania, p. 31, hereinafter cited as Budget Programs ; 1929 P.L.
1278 sec. 370 added 1935 P.L. 1184 sec. 3.
331 Budget Programs, p. 7.
"‘Tanger and Alderfer, op. cit., pp. 215, 216.
393 1913 P.L. 507 No. 335 sec. 1.
894 1911 P.L. 309 sec. 537 am. 1921 P.L. 508 sec. 1.
395 1911 P.L. 309 sec. 542 am. 1919 P.L. 997 sec. 1 further am. 1921 P.L. 508 sec. 4.
398 Poor Relief Administration, Chart No. 1 ; Pennsylvania Economy League, The
County Institution District — Its Organisation, Poivers, Duties, and Responsibilities.
p. 4, hereinafter cited as County Institution District.
COUNTY GOVERNMENT
all school houses, public libraries and museums, playgrounds, public parks,
courthouses, jails, and poorhouses.307
Since 1711 when the office of county commissioners was created to re-
lieve the courts of some of their taxation duties the commissioners have
been the chief assessing authorities. This was especially true after the
abolition of the office of county assessors in 1780. Today they share the
responsibility \\ ith the locally elected assessors. "Is Provision for the elec-
tion of local assessors was made as early as 1760.300 Assessors are now
elected in each political subdivision in all but first, second, and third-class
counties.400 When vacancies occur in the office of elected assessors the
county commissioners may fill them.401 In third-class counties assessors
aie selected by the board for the assessment and revision of taxes.4"*
I he county commissioners issue their precepts to the assessors to make
ti iennial assessments of property subject to county taxes. Assessments
were at first prepared by the assessors from inventories sent in by the tax-
paycis but now they are also made after personal contacts by the asses-
sors." Returns must be made by the assessors at times stated by law,
whereupon it becomes the duty of the commissioners to rectify apparent
errois, to publish a list of the total assessments made by each assessor, and
to indicate a date for a hearing by the board of revision for equalization
and review.404 I he power of revision and assessment at first belonged to
the judges,4"’ then to the county assessors,400 and later to both the county
317 1933 P.L. 853 sec. 204.
" 1889 P.L. 7 No. 8 sec. 1 rep. as to boros. 1927 P.L. 519 sec. 3301 and as to twps.
1917 P.L. 840 sec. 150; 1889 P.L. 7 No. 8 sec. 2 am. 1889 P.L. 133 No. 148 sec. 1 rep.
as to boros. 1927 P.L. 519 sec. 3301.
1760, VI St. at L. sec. 3; 1764, VI St. at L. 344 sec. 3; 1779, IX St. at L. 443
sec. 2: 1795, XV St. at L. 322 secs. 1, 2; 1799, 3 Sm.L. 393 sec. 4; 1835 P.L. 46 sec.
8; 1851 P.L. 325 sec. 601.
18.S9 I .L. 7 am. 1SS9 P.L. lo3 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 301.
Pnor to 1933 the city councils of third-class cities selected the assessors, 1913 P.L.
568 No. 367 art. XV sec. 1 rep. 1931 P.L. 932 sec. 4701 but reen. in sec. 2501 rep. 1933
P.L. 853 sec. 602.
"" 1757-58, V St. at L. 337 sec. 8; 1760, VI St. at L. 3 sec. 7; 1897 P.L. 39 No. 33
rep. 1933 P.L. 853 sec. 601 but reen. in sec. 304.
in 1931 P.L. 1379 sec. 4; 1933 P.L. 853 sec. 102.
403 1724-25, IV St. at L. 10 sec. 4.
1,834 P.L. 507 sec. 6 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 508; 1841 P.L.
393 sec. 6 rep. 1933 P.L. 853 sec. 601.
Duke of 5 ork s Book of Laws, March 1, 1664, in Charter to William Penn, p. 10;
1700, II St. at L. 32 sec. 9.
The Frame of Government, October 26, 1696, in Charter to William Penn, p. 258.
GOVERNMENT ORGANIZATION
53
assessors and commissioners.407 In 1715 this power was transferred to the
commissioners alone 408 and they continued to exercise it until 1842 when
they were named together with the associate judges as an ex officio board
for this purpose. The judges were removed from the board by an amend-
ment passed 2 years later.409 Thus in all except third-class counties the
commissioners alone constitute a board of revision. After revisions are
made, the county commissioners prepare the tax rolls which they must sub-
mit to local tax collectors.410 In third-class counties the procedure is slightly
different. In such counties the commissioners neither issue precepts nor
receive returns. Both of these steps are handled by the board for the assess-
ment and revision of taxes.411 In the other counties the commissioners
themselves form the board of revision to hear appeals from dissatisfied
taxpayers.412 The commissioners of fourth-class counties may appoint as-
sistants to aid them with this work.413
Tax collection as we have indicated in an earlier portion of this chapter,
was made by the town constables under the Duke of York.414 Under the
proprietary collectors of taxes were appointed by the assessors.415 After
the office of county commissioners was established they sometimes joined
the assessors in this appointment.416 Assessors having been abolished in
1780, the duty devolved upon the commissioners who continued to exercise
it until 1885 when provision was made for the election of municipal tax
107 1710-11, II St. at L. 372 sec. 3.
408 1715, III St. at L. 83 sec. 2; 1717, III St. at L. 128 sec. 2; 1724-25, IV
St. at L. 175 sec. 7; 1795, XV St. at L. sec. 6; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L.
509 sec. 13; 1799, 3 Sm.L. 393 sec. 10 sup. 1834 P.L. 509 sec. 15 rep. 1933 P.L. 853
sec. 601.
409 1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 501.
410 Harold F. Alderfer, “The County,” Report of the Pennsylvania Local Govern-
ment Survey, pp. 53-57, hereinafter cited at Alderfer, The County; 1842 P.L. 441
sec. 11.
411 1933 P.L. 853 secs. 401, 431.
412 1710-11, II St. at L. 372 sec. 3; 1715, III St. at L. 83 sec. 2; 1724-25, IV St. at
L. 10 sec. 7; 1799, 3 Sm.L. 393 secs. 8, 9 sup. 1834 P.L. 509 secs. 8, 10 rep. 1933 P.L
853 sec. 601 but reen. in secs. 501-510. In 1943, a board of assessment and revision of
taxes, consisting of the county commissioners ex officio, was created in fourth- to
eighth-class counties, See appendix D.
413 1915 P.L. 659 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 309; 1929 P.L. 1712
sec. 2 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 506.
414 Duke of York’s Laws, 1664, in Charter to William Penn, p. 49.
416 Laws of the Assembly, 1693, 1696, 1699, in Charter to William Penn, pp. 2 22,
254-257, 281 ; 1700, II St. at L. 34 sec. 2.
416 1710-11, II St. at L. 372 sec. 2; 1711, II St. at L. 388 sec. 2; 1715, III St. at L.
83 sec. 2; 1717-18, III St. at L. 175 sec. 5; 1724-25, IV St. at L. 10 sec. 7.
54
COUNTY GOVERNMENT
collectors locally.417 There are two exceptions to this procedure. In third-
class cities the city treasurer has been authorized to function as a collecting
agency for county taxes/ 418 and in first-class townships the township treas-
urer acts as tax collector.419
Amounts collected for county purposes must be paid to the county treas-
urer, who must give receipts for taxes paid.420
In all school districts taxes are levied and assessed by the board of school
directors ; 421 they may not exceed 25 mills on the dollar.422 The county
commissioners are required by law to furnish each school district of the
third 423 and fourth classes a list of inhabitants assessed and a certified
duplicate of the last adjusted valuation of all realty, personalty, and occu-
pations, giving the name of each taxpayer and a description of the prop-
erty or occupation assessed.424 In addition the school board may levy a
per capita tax of not less than $1 nor more than $5 on each person residing
in the district.425 Tax duplicates must be furnished to local districts by the
board of school directors.428
In 1S09 the county treasurer was authorized to sell unseated lands for
delinquent taxes, a power formerly exercised by the commissioners and the
sheriff.427 This power was extended in 1844 to include the sale of seated
lands for unpaid taxes.424 Since that time much legislation has been passed
making provision for the sale of lands for nonpayment of taxes. A claim
for taxes constitutes a lien against the land in any sale in execution pro-
ceedings and has priority over other liens. In some cases the land has been
returned to the county commissioners for failure to pay taxes. All seated
and unseated lands sold to the county commissioners may be redeemed
417 1885 P.L. 187 sec. 1; 1893 P.L. 333 No. 273; 1927 P.L. 519 sec. 850; 1933 P.L.
103 sec. 414.
4,8 1931 P.L. 932 sec. 2552 am. 1935 P.L. 363 sec. 1 further am. 1935 P.L. 719 further j
am. 1937 P.L. 2641 further am. 1939 P.L. 153 sec. 1.
4,0 1931 P.L. 1206 sec. 805.
420 1717-18, III St. at L. 175 sec. 6; 1891 P.L. 212 No. 185.
421 191 1 P.L. 309 sec. 501.
422 Ibid., sec. 537; 1921 P.L. 508 sec. 1.
423 Except those co-extensive with third-class cities. Since 1931 the city treasurer of
third-class cities has been authorized to collect school taxes as well as county taxes,
1931 P.L. 932 sec. 2552 am. 1935 P.L. 363 sec. 1.
424 1 91 1 P.L. 309 sec. 541 am. 1921 P.L. 508 sec. 3.
425 191 1 P.L. 309 sec. 542 am. 1919 P.L. 997 sec. 1 further am. 1921 P.L. 508 sec. 4.
428 1911 P.L. 309 sec. 546.
427 1769, VII St. at L. 306 sec. 1. 1795, XV St. at L. 322 sec. 10; 1804 P.L. 517;
1809 P.L. 192 sec. 1.
429 1844 P.L. 486 sec. 41 ; 1929 P.L. 1684; 1931 P.L. 280.
GOVERNMENT ORGANIZATION
55
within a fixed period of time by the owner, and the county treasurer must
issue receipts for such sales and record the sales.429 The right of re-
demption of seated lands sold for taxes to the county commissioners, who
may purchase the lands in case there are no bidders for a sum equal to the
taxes due and the costs, endures for 2 years.430 Unseated lands may also
be purchased by the commissioners under these conditions, in which case
the right of redemption endures for 5 years.431 Payments in both cases are
made by the owner to the county treasurer. Unredeemed seated and un-
seated lands may be sold by the commissioners at a public sale.432
Revenue from taxes, when collected, is placed in the hands of the county
treasurer 433 who pays it out with all other money on warrants drawn by the
commissioners.434 In counties having a controller these warrants must be
countersigned by him.435 All expenditures therefore actually originate from
the office of the commissioners who, if they find the proceeds from the
taxes insufficient, may borrow money on behalf of the county within desig-
nated legal limits. Other sources of revenue are provided by special types
of taxes.
In 1911 the establishment of a sinking fund commission composed of
the commissioners, the treasurer, and the controller or auditors was au-
thorized for all counties.436 This commission attempts to develop a type of
insurance against contingencies through the purchase and retirement of
429 For miscellaneous provisions on different types of tax sales and the right to re-
demption, see acts of 1815 P.L. 177 sec. 4 am. 1935 P.L. 663 sec. 1 ; 1840 P.L. 349 sec.
7; 1849 P.L. 279 secs. 1, 2 extended 1850 P.L. 569 sec. 33; 1879 P.L. 55 No. 52 sec. 1;
1923 P.L. 207.
430 1885 P.L. 268 sec. 3 am. 1889 P.L. 141 sec. 1.
431 1815 P.L. 177 sec. 6.
432 Ibid sec. 3 am. 1889 P.L. 141; 1815 P.L. 177 sec. 7; 1885 P.L. 268 sec. 4; 1931
P.L. 280 sec. 16 am. 1939 P.L. 498 sec. 8; 1931 P.L. 280 sec. 17 am. 1939 P.L. 498
sec. 18.
433 1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L. 372 sec. 2; 1777, IX St. at
L. 75 sec. 8; 1799, 3 Sm.L. 393 sec. 16 sup. 1834 P.L. 509 sec. 49 sup. as to twps. 1885
P.L. 187 sec. 3, rep. as to twps. 1917 P.L. 840 sec. 1500; 1891 P.L. 212 sec. 1.
434 The Frame of Government, October 26» 1696, in Charter to William Penn, p. 258
sec. 3; 1700, II St. at L. 34 sec. 3. Prior to 1718 payments were made by order of
the assessors and the justices of the peace; 1717-18, III St. at L. 175 sec. 11; 1799,
3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 37 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 362.
435 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 347,
352.
438 1909 P.L. 100 No. 59 sec. 1 rep. 1911 P.L. 895 sec. 13 insofar as it was incon-
sistent therewith, wholly rep. 1917 P.L. 199 No. 100; 1911 P.L. 256 sup. 1911 P.L.
895 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 395-401.
56
COUNTY GOVERNMENT
bonds and the making of authorized investments tor the reduction of the
sinking fund.437
In all counties where there is no controller, claims against the county
are submitted to the county treasurer. The treasurer must keep accounts
of all money received or disbursed and furnish the commissioners with
periodic statements of the transactions of his office. Once a year he must
state his accounts and produce his vouchers. These vouchers are examined
by the commissioners and then laid before the county auditors for settle-
ment.438 The auditors scrutinize the accounts of county officers and report
annually to the court of common pleas.41'-’ Their reports must be pub-
lished.440
In counties having a controller the system is slightly different. In such
counties all claims must first be presented to the controller, who audits
them and determines whether or not they are legally due. If he approves
them he certifies them to the commissioners.441 The controller must report
monthly, or more often if required, to the commissioners, the amount of
outstanding warrants registered and the amount of money paid into the
county treasury.44- The treasurer may not pay money out of the county
treasury except on warrants drawn by a majority of the commissioners and
countersigned by the controller, who must also cancel them.443
The issuance of licenses and the collection of license taxes is performed
by various county authorities on behalf of the Commonwealth. The county
treasurer functions as an agent of the State in issuing and collecting taxes
for licenses to hunters,444 fishermen, operators of kennels, owners of
dogs,440 and mercantile establishments.447 From 1933 until 1937 the treas-
urer was authorized to issue malt beverage retail dispenser licenses, but in
*' 1911 P.L. 895 secs. 2 and 3 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 396 and
397 respectively.
1799, XVI St. at L. 375 sec. 14; 1929 P.L. 1278 sec. 362.
430 1 929 P.L. 1278 sec. 363 am. 1931 P.L. 401 sec. 1.
1929 P.L. 1278 sec. 364 am. 1935 P.L. 1184 sec. 2.
1893 P.L. 393 secs. 8, 9; 1895 P.L. 403 No. 288 secs. 8, 9; 1929 P.L. 1278 secs.
349, 350.
443 1929 P.L. 1278 sec. 351.
413 Ibid., sec. 352.
4,4 1913 P.L. 85 sec. 7; 1917 P.L. 151 sec. 2; 1923 P.L. 359 sec. 308 am. 1929 P.L.
444 sec. 6; 1935 P.L. 151 sec. 308.
443 1919 P.L. 778 sec. 6; 1925 P.L. 448 sec. 223 am. 1929 P.L. 451 sec. 4.
44"1917 P.L. 818 secs. 4, 11 rep. 1921 P.L. 522 sec. 43 but reen. in secs. 3, 11 am.
1925 P.L. 115 sec. 1 and 1925 P.L. 641 further am. 1927 P.L. 833 sec. 2, 6 further am.
1929 P.L. 456 sec. 3.
447 1899 P.L. 184 sec. 5.
GOVERNMENT ORGANIZATION
57
the latter year this responsibility was shifted to the State Liquor Control
Beard.448 The clerk of orphans' court is the Commonwealth’s agent for
issuing marriage licenses and collecting license fees.449 The sheriff issues
licenses and collects taxes for firearms.450 All license taxes collected by
these officers must be paid into the State Treasury as part of the State’s
revenue.451
Since 1921 counties have received contributions from the State liquid
fuels tax fund. Prior to 1931 ^2 cent per gallon taxes for this fund was
credited to the counties for highway construction. Distributions were made
in direct ratio to the amount of the gasoline tax collection in the county
during the preceding year.432 Each county now receives amounts in the
ratio that the average return to the county from the fund for the last 3 pre-
ceding years bears to the average amount returned to all counties during
the last 3 preceding years. The sinking fund commission may use the
county allotment from the liquid fuels tax to pay sinking fund charges on
all bonds issued or used for highway or bridge purposes.453
Fines, forfeited recognizances, and other forfeitures imposed in any
court are in most cases to be paid into the State Treasury according to
existing laws. Those which are not covered by these laws, and those col-
lected for the violation of ordinances, must be certified and sent by the
proper court to the office of the county commissioners together with the
judgment and orders of the court on all forfeited recognizances sued upon
in that court. All money thus collected must be paid to the county
treasury.454
The county receives and disburses certain funds for special purposes.
Under the provisions of the Federal Social Security Act, Federal grants-
in-aicl are made available to the State for the care of neglected children in
rural areas ;453 for the aged ; 450 for the blind ; 457 for maternal and child
443 1933 P.L. 252 sec. 6 am. 1933-34 (Sp. Sess.) P.L. 75 No. 14 sec. 1 ; 1933 P.L. 252
am. 1935 P.L. 1247 further am. 1937 P.L. 1827 sec. 1.
449 1885 P.L. 146 sec. 1.
450 1931 P.L. 497 sec. 7.
451 1790, VIII St. at L. 486; 1893 P.L. 125 sec. 1.
452 1921 P.L. 1021 sec. 2 rep. 1923 P.L. 834 sec. 12 but reen. as am. in sec. 9 rep. 1929
P.L. 1037 sec. 17 but reen. in sec. 10 rep. 1931 P.L. 149 sec. 25 but reen. in sec. 10 am.
1935 P.L. 412 sec. 1.
463 1931 P.L. 149 sec. 10 am. 1935 P.L. 412 sec. 1 further am. 1939 P.L. 634.
454 1929 P.L. 1278 sec. 384.
455 1935, U. S. Stat. 620 ch. 531 Title V sec. 521 (a, b).
460 Ibid,., Title I sec. 3(a).
457 Ibid., Title X sec. 1001.
58
COUNTY GOVERNMENT
welfare;4’' for crippled children;4'9 for vocational rehabilitation;400 and
for public health work.401 The State Council of Education is required to
“promptly invest ... all receipts derived from or on the account of the
State Forest Reservations, all proceeds from the sales of real estate re-
ceived by the State Treasurer; together with all appropriations, devises,
gifts, and other receipts for this purpose, as a permanent State school fund,
whose income only may be expended.” This fund is intended to aid
financially distressed school districts.401' Federal funds for the promotion
of vocational education are made available by the Smith-Hughes Law of
1917 and the George-Reed Act of 1929.403
In school districts of the second and third classes, school accounts are
audited by the controller or auditor of the municipality in which such dis-
trict is located, and by auditors in the townships and boroughs. In fourth-
class school districts accounts are audited by the auditors of boroughs and
townships in which such school district is located.404 Although the hoard
of county commissioners and the county treasurer keep accounts of the
county institution district, it is the county controller or auditors who must
audit these accounts just as they audit accounts of all other county funds.4011
Elections. The Constitution of Pennsylvania establishes the following
qualifications for suffrage: the elector must be at least 21 years of age,
a citizen of the United States for at least a month, a resident of the State
of Pennsylvania for at least 1 year next preceding the date of election,
and of the election district where he proposes to vote for at least 2 months.
If a once qualified elector or native-born citizen has moved away from
the State and later returns, he is required to have been in residence in the
State for 6 months next preceding the election. 4 00 The qualifications of
'“Ibid., Title V sec. 501.
,M tbid., sec. 511.
,m Ibid., sec. 531.
*" Ibid., Title VI sec. 601.
0,3 Pennsylvania Department of Public Instruction, Biennial Report of Superintendent
of Public Instruction , 1938, p. 28, hereinafter cited as Biennial Report; 1911 P.L. 309
sec. 2701 am. 1915 P.L. 825 sec. 1 am. 1923 P.L. 143 sec. 1.
‘,1J Pennsylvania Department of Public Instruction, One Hundred Years of Bree ,
Public Schools in Pennsylvania, p. 25, hereinafter cited at Schools in Pennsylvania.
444 1911 P.L. 309 sec. 2603 am. 1923 P.L. 949 No. 378 sec. 1 further am. 1925 P.L.
382 sec. 1 further am. 1933 P.L. 1152 sec. 13; 1911 P.L. 309 sec. 2604 am. 1933 P.L. 1
1152 sec. 14.
444 1937 P.L. 2017 sec. 310.
‘" Const., art. VIII, sec. 1 as am. 1901 and 1903; 1937 P.L. 1333 sec. 701.
GOVERNMENT ORGANIZATION
59
electors at primaries are the same as the qualifications of electors entitled
to vote at elections.467 As early as 1766 Pennsylvania adopted a tax pay-
ment qualification for suffrage, which requirement, however, no longer
obtains.488
Under the Duke of York and for many years thereafter, anyone pos-
sessing the necessary property qualifications to vote could do so.489 Ten
years before the Revolution, provisions were made for some control of
registration of voters. The commissioners provided the election officials
with a list of all persons subject to tax in each district. Elected inspectors
were authorized to administer oaths to those whose right to vote was
dubious. Tax lists were used as voting lists.470 Provisions were made for
marking the list to indicate the persons who had voted.471 After 1840 the
regular assessors were required to prepare annually a register of voters,
and to check each household to see that the persons on the list actually
resided there and were entitled to vote.472 Because of the prevalence of
fraudulent voting, an act was passed in 1869 requiring local assessors to
compile registry lists which, when completed and revised, were sent to the
county commissioners. The commissioners placed these lists in alphabetical
order and furnished two copies of each to the election officers.473 After
1874 special registry assessors were elected to perform these duties.474
467 1937 P.L. 1333 sec. 702.
168Tanger and Alderfer, op. cit., p. 4; 1839 P.L. 519 sec. 65 rep. 1937 P.L. 1333
sec. 1901.
469 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 51 ;
Laws Agreed upon in England, May 5, 1682, in Charter to William Penn, p. 99, secs.
2, 3; The Body of Laws, December 7, 1682, in Charter to William Penn, p. 121 ch.
LVII, LVII1 ; 1700, II St. at L. 24 ch. XXv’III sec. ! : 1705-6, II St. at L. 212 sec. 30.
470 1766, VII St. at L. 32 secs. 5, 8; 1799, 3 Sm.L. 340 secs. 1, 9 rep. 1839 P.L. 519
sec. 174 reen. as am. in secs. 6, 19-21, 63-66, 98 rep. 1937 P.L. 1333 sec. 1901 ; 1803
P.L. 669,’ 4 Sm.L. 100 sec. 5 rep. 1839 P.L. 519 sec. 174; 1874 P.L. 44 sec. 3 rep. 1937
P.L. 1333 sec. 1901 ; 1893 P.L. 419 sec. 21 rep. 1937 P.L. 1333 sec. 1901.
471 1799, 3 Sm.L. 340 sec. 9 rep. 1839 P.L. 519 sec. 174 but reen. as am. in secs. 6,
19-21, 63-66, 98 rep. 1937 P.L. 1333 sec. 1901 ; 1803 P.L. 669, 4 Sm.L. 100 sec. 5 rep.
1839 P.L. 519 sec. 174; 1874 P.L. 44 sec. 3 rep. 1937 P.L. 1333 sec. 1901; 1893 P.L.
419 sec. 21 rep. 1937 P.L. 1333 sec. 1901.
479 1840 P.L. 683 sec. 3 rep. 1937 P.L. 1333 sec. 1901; 1874 P.L. 31 secs. 1, 2 am.
1891 P.L. 134 secs. 1, 2 further am. 1895 P.L. 75 sec. 1 further am. 1933-34 (Sp.
Sess.) P.L. 236 secs. 1, 2 rep. 1937 P.L. 487 sec. 46(2, 4, 7, 14).
478 1869 P.L. 48 secs. 1-3; 1874 P.L. 31 sec. 1 am. 1891 P.L. 134 sec. 1 am. 1933-34
(Sp. Sess.) P.L. 236 sec. 1 rep. 1937 P.L. 487 sec. 46(2, 4, 7, 14).
"‘ 1874 P.L. 31 sec. 15 am. 1933-34 (Sp. Sess.) P.L. 236 sec. 5 rep. 1937 P.L. 487
sec. 46(b). The amendment of 1933-34 provided that in boroughs and townships con-
taining but one district, the tax assessor should act as registry assessor.
60
COUNTY GOVERNMENT
In 1906 a new system was introduced to apply to third-class cities only,
whereby electors were recpiircd to register annually in order to vote. Per-
sonal appearance of voters before registrars was the new feature in this
act. Voters were required to reappear and renew their registration each
year. The county commissioners were directed to appoint two registrars
for each election district within the city for the purpose of examining the
qualifications of voters in the primary and general elections.475 In the
boroughs and townships, however, the local assessors continued to operate
under the permanent and nonpersonal registration system in compiling the
original lists. A registration commission composed of the county commis-
sioners ex officio was created in 1935 to supervise the permanent personal
registration of electors of third-class cities and in 1937 the authority of
this commission was extended to the registration of electors in boroughs,
towns, and townships. Registration in various political subdivisions is
effected through clerks and inspectors appointed by the permanent regis-
tration commission. 470
Under the present registration laws an elector who changes his resi-
dence must notify the registration commission of his removal 30 days be-
fore the primary or election, and transfer of the elector’s registration card
must be made by the commission.177 In case an elector wishes to change
his political affiliation in order to vote at the primaries, notice must be sent
to the commission or to a local registrar and changes made in the register.47"
The registration commission is further empowered to verify the registra-
tion in any election district.470 All information pertaining to the qualifica-
tions of a particular voter and relevant changes made in the natural course
of events are carefully recorded. Once registered there is no need for re-
registration except upon failure to vote for 2 successive years.4"0 All in-
formation on electors thus obtained is eventually used by the county board
0906 (Sp. Sess.) P.L. 63 am. 1911 P.L. 1014 further am. 1921 P.L. 977 further
am 1923 P.L. 148 rep. 1935 P.L. 478 No. 195 sec. 41. For a similar system in cities
oi the first and second classes, see 1906 (Sp. Sess.) P.L. 49 am. 1911 P.L. 993 further
am. 1913 P.L. 249 Xo. 274 rep. 1913 P.L. 977 No. 452 sec. 19 reen. as am. in secs. 1-18
rep. as to first-class cities 1919 P.L. 857 sec. 52 but reen. for first-class cities in secs.
1-51 rep. 1933-34 (Sp. Sess.) P.L. 140 sec. 45 and 1933-34 (Sp. Sess.) P.L. 250 sec. 44.
' " 1935 P.L. 478 No. 195 rep. and reen. in 1937 P.L. 849; 1937 P.L. 487.
417 1937 P.L. 487 secs. 26(a), 27; 1937 P.L. 849 sec. 28.
4T' 1937 P.L. 487 sec. 28; 1937 P.L. 849 sec. 29.
4” 1937 P.L. 487 sec. 20; 1937 P. L. 849 sec. 31.
“'1937 P.L. 487 sec. 19; 1937 P.L. 849 sec. 20.
GOVERNMENT ORGANIZATION
61
of elections in determining whether there has been fraud in elections.481
The permanent registration commission has the power to hear and de-
termine questions of residence and appeals from rejected applications for
registration.482 The commission makes all rules and regulations neces-
sary to the efficient administration of its office.483
The qualifications of candidates seeking office are prescribed by the
constitution. No person may be appointed to any office within the county
who has not been a citizen and an inhabitant therein for at least a year
before his appointment.484 A candidate must also have been nominated in
the direct primary according to party rules and regulations.485 Before
1937 nomination petitions of candidates for county, local, and party offices
were filed with the county commissioners,480 and thereafter with the county
board of elections, which is composed of the county commissioners
ex officio.487 With the adoption of the Uniform Primaries Act of 1906,
the local election boards were granted authority to conduct the primaries.488
In 1915 the county was made responsible for necessary expenses.489
Prior to 1937 matters relating to elections were in the hands of several
different county agencies. The courts played an important part in their
conduct, as evidenced by the records kept in the office of the prothonotary
and clerk of the quarter sessions. The sheriff and commissioners together
with various other local officers were also concerned with the elections.
The court of quarter sessions divided the county into election districts ; 400
the sheriff announced the date and place of the proposed elections and the
offices to be filled.491 The commissioners paid the expenses of elections,
provided supplies, prepared ballots, and were responsible for the pri-
451 1937 P.L. 1333 sec. 1404(b).
462 1937 P.L. 487 sec. 23 ; 1937 P.L. 849 sec. 24.
183 1937 P.L. 487 sec. 4(a) ; 1937 P.L. 849 sec. 5(a).
484 Const., art. XIV, sec. 3.
4S5Tanger and Alderfer, op. cit., pp. 21-32.
486 Ibid., p. 25.
487 1937 P.L. 1333 sec. 913.
188 1906 P.L. 36 secs. 1, 7, 8 rep. 1913 P.L. 719 sec. 25 but reen. in secs. 11, 12.
489 1915 P.L. 538.
400 1739, IV St. at L. 331 sec. 1 ; 1854 P.L. 419 sec. 1 rep. 1937 P.L. 1333 sec. 1901.
481 1839 P.L. 519 secs. 38, 41 ; 1893 P.L. 419 sec. 9 am. 1897 P.L. 223 sec. 5 further
am. 1903 P.L. 338 sec. 1 ; 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1 ; all rep. 1937
P.L. 1333 sec. 1901.
62
COUNTY GOVERNMENT
maries.402 The court of common pleas acted as a return board in the gen-
eral elections.493 The courts had various duties in the matter of contested
elections.404 and in this connection the prothonotary and clerk of the court
of quarter sessions participated to a certain extent.495 In 1937 the need
for organization and coordination of these duties in the hands of one body
culminated in the establishment of a county board of elections.496
4“ 1839 P.L. 519 sec. 93 am. 1840 P.L. 683 sec. 10 further am. 1895 P.L. 290 No. 206;
1840 P.L. 363 sec. 7 sup. 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1 ; 1840 P.L. 683
sec. 7 sup. 1893 P.L. 419 sec. 19; 1874 P.L. 31 sec. 22; 1876 P.L. 136 sec. 1 ; 1929 P.L.
549 sec. 4 am. 1931 P.L. 1185 sec. 3 further am. 1933 P.L. 846; 1891 P.L. 349 secs. 1,
13, 16, 19; 1893 P.L. 419 secs. 1, 13; 1893 P.L. 419 sec. 16 am. 1921 P.L. 1079; 1906
P.L. 36 rep. 1913 P.L. 719 sec. 25; 1913 P.L. 719 sec. 4 am. 1915 P.L. 1044 sec. 1 ;
1913 P.L. 719 sec. 9; 1913 P.L. 719 sec. 10 am. 1919 P.L. 839 sec. 2 further am. 1935
P.L. 74 sec. 1 further am. 1935 P.L. 74 sec. 1 further am. 1935 P.L. 83 sec. 3; 1913
P.L. 719 sec. 12; 1913 P.L. 719 sec. 14 am. 1919 P.L. 839 sec. 4 am. 1921 P.L. 669
sec. 1 further am. 1923 P.L. 293 sec. 1 further am. 1923 P.L. 920 sec. 1 further am. 1935
P.L. 74 sec. 2; 1913 P.L. 719 sec. 16; all rep. 1937 P.L. 1333 sec. 1901.
403 1935 P.L. 246 sec. 1 rep. 1937 P.L. 1333 sec. 1901.
‘" 1874 P.L. 208 secs. 5, 11, 16; 1906 P.L. 78 secs. 9, 10; 1913 P.L. 719 sec. IS am.
1919 P.L. 839 sec. 5 further am. 1921 P.L. 1125 sec. 1; 1913 P.L. 719 sec. 20; all rep.
1937 P.L. 1333 sec. 1901.
1717, III St. at L. 175 (obsolete) ; 1799; 3 Srn.L. 340 sec. 13 rep. 1839 P.L. 519
sec. 174; 1839 P.L. 519 secs. 84, 85; 1839 P.L. 559 sec. 3; 1840 P.L. 683 sec. 9; 1850
P.L. 654 sec. 2; 1864 P.L. 990 secs. 17, 18; 1874 P.L. 31 secs. 10, 13; 1874 P.L. 54
sec. 5 ; 1893 P.L. 419 sec. 3 ; 1897 P.L. 223 sec. 1 ; 1899 P.L. 127 sec. 1 ; 1899 P.L.
254 sec. 1 ; 1906 P.L. 78 sec. 6; 1909 P.L. 425 sec. 1 ; 1919 P.L. 438 sec. 2; 1919 P.L.
855 sec. 1 ; 1921 P.L. 423 sec. 3; 1923 P.L. 267 sec. 1 ; 1925 P.L. 103 sec. 1 ; 1927 P.L.
360 sec. 2; all rep. 1937 P.L. 1333 sec. 1901.
490 1739, IV St. at L. 331 sec. 1; 1839 P.L. 519 sec. 93 am. 1840 P.L. 683 sec. 10
further am. 1895 P.L. 290 No. 206; 1839 P.L. 519 secs. 38, 41; 1840 P.L. 683 sec. 7
sup. 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1 ; 1840 P.L. 683 sec. 7 sup. 1893
P.L. 419 sec. 19; 1854 P.L. 419 sec. 1 ; 1874 P.L. 31 sec. 22; 1874 P.L. 208 secs. 5, 11,
16; 1876 P.L. 136 sec. 1; 1891 P.L. 349 secs. 1, 13, 16, 19; 1893 P.L. 419 secs. 1, 13;
1893 P.L. 419 sec. 9 am. 1897 P.L. 223 sec. 5 further am. 1903 P.L. 338 sec. 1; 1893
P.L. 419 sec. 10 am. 1895 P.L. 392 sec 1 ; 1893 P.L. 419 sec. 16 am. 1921 P.L. 1079;
1906 (Sp. Sess.) P.L. 36 rep. 1913 P.L. 719 sec. 25; 1906 (Sp. Sess.) P.L. 78 secs. 9,
10; 1913 P.L. 719 sec. 15 am. 1919 P.L. 839 sec. 5 further am. 1921 P.L. 1125 sec. 1;
1913 P.L. 719 sec. 20; 1913 P.L. 719 sec. 4 am. 1915 P.L. 1044 sec. 1; 1913 P.L. 719
sec. 10 am. 1919 P.L. 839 sec. 2 further am. 1935 P.L. 74 sec. 1 further am. 1935 P.L.
83 sec. 3; 1913 P.L. 719 sec. 12; 1913 P.L. 719 sec. 14 am. 1919 P.L. 839 sec. 4 further
am. 1921 P.L. 669 sec. 1 further am. 1923 P.L. 293 sec. 1 further am. 1923 P.L. 920
sec. 1 further am. 1935 P.L. 74 sec. 2; 1913 P.L. 719 secs. 9, 16; 1929 P.L. 549 sec. 4
am. 1931 P.L. 1185 sec. 3 further am. 1933 P.L. 846; 1935 P.L. 246 sec. 1. The act
of 1937 P.L. 1333 which set up the county board of elections repealed most of these
acts.
GOVERNMENT ORGANIZATION
63
All primaries and elections are conducted by ballot except in districts
in which voting machines have been authorized. Prior to 1937 all ballots
were provided for and ordered printed by the county commissioners,497
and thereafter by the county board of elections.498 The Election Code
of 1937 requires that separate official ballots be prepared for the primaries,
the names of candidates being arranged under the title of the office for
which they are candidates. The order is determined by the casting of
lots.409 In general, municipal, and special elections the names of the candi-
dates must be arranged under the title of the office for which they are
candidates, and they must be printed thereunder in the order of the votes
obtained by the presidential electors of the parties at the last presidential
election, beginning with the party obtaining the highest number of votes.500
If voting machines are used the names of the candidates must appear in
corresponding order.501
All regular elections are held on the Tuesday after the first Monday in
November. General elections at which National and State-wide officers
are voted upon, are held in even-numbered years ; municipal elections at
which municipal and county officers, including district judges, are elected,
are held in odd-numbered years.502 Judges of the Superior and Supreme
courts may be chosen at either election. By a two-thirds vote the General
Assembly may change the election day but not the year.503
There are two regular direct primaries. The first is the spring primary
held in even-numbered years on the third Tuesday in May, except in years
of nominations for the Presidency, when it is held on the fourth Tuesday
in April.504 The second is the fall primary held on the second Tuesday in
September of odd-numbered years. It is then that county, municipal, and
other local officers are nominated.503
When vacancies exist in the United States Senate and in the House of
Representatives, and for senator and representative in the General As-
4,7 1799, 4 Dali. 332 sec. 6.
488 1937 P.L. 1333 sec. 1001.
469 Ibid., sec. 1002 (a, b).
5,0 1937 P.L. 1333 sec. 1003 (b, f).
501 1937 P.L. 1333 sec. 1110.
602 Const., art. VIII, sec. 2 as am. 1909, sec. 3 as am. 1913; 1937 P.L. 1333 secs. 601,
602.
Tanger and Alderfer, op. cit., p. 39.
544 1937 P.L. 1333 sec. 603.
505 Ibid., sec. 604. Legislation in the 1945 session of the General Assembly moved
the date of this primary to late in the spring, in order to permit a count of the service
vote before the fall election.
P7 COUNTY GOVERNMENT
sembly, special elections must be held so that the vacancy may be filled for
the unexpired term.'™15
Each township and borough not divided into wards, and each ward of
every city, borough, and township, constitutes a separate election district.
The court of quarter sessions, however, is empowered to subdivide any
borough, township, or city ward into two or more election districts upon
receiving a petition by 20 registered electors or by the county board of
elections.507
A cleavage exists in Pennsylvania between the county authority or
county board of elections and the precinct election officers. In 1799 the
latter were made elective officials and in 1839 provision was made for their
election on a bipartisan basis. The present constitution recognizes these
offices and their present duties are defined by the Election Code of 1937.508
All primaries and elections are conducted in each election district by the
local board, which consists of a judge of elections, a majority inspector of
elections, and a minority inspector, assisted by clerks, and, where voting
machines are used, by machine inspectors. Judges and inspectors are
elected biennially by the people of the election district.600 The board ap-
points the machine inspectors, and the majority and minority inspectors
appoint the clerks." ” In 1868 provision was made for the appointment by
the court of common pleas of two overseers belonging to opposite political
parties, upon petition of at least five citizens of the election district. This
method is still followed today.511 A system of supervision of local elections
by watchers was established as early as 1891. 5,2 Under the present system
each candidate for nomination or election is entitled to two watchers in each
election district.513
1 he duty of furnishing election districts with necessary polling places
devolved upon the county commissioners until 1937, when this was made
the responsibility of the county board of elections.514 Polling places must
SM Ibid., secs. 626-628.
597 Const., art. VIII, sec. 11 as am. 1928; 1937 P.L. 1333 secs. 501-504.
598 Edward B. Logan, Supervision of the Conduct of Elections and Returns With
Special Reference to Pennsylvania, p. 4; 1937 P.L. 1333.
508 1937 P.L. 1333 sec. 401.
610 Ibid., sec. 404.
511 1868 P.L. 30 sec. 9; 1937 P.L. 1333 sec. 415.
8,5 1891 P.L. 349 sec. 24.
“3 1937 P.L. 1333 sec. 417(a).
Ibid., sec. 302(b).
GOVERNMENT ORGANIZATION
65
consist of a single room and must be furnished with a guard rail.315 The
board is authorized to fix the compensation for rent, heat, light, and
janitorial services.516 It has always been the duty of the local law enforce-
ment officers, such as constables, police officers, and the sheriff or his
deputy, to maintain order at polling places.517
As early as 1813 a statute was enacted, permitting citizens of Pennsyl-
vania serving in the army to vote.518 Since this section of the law was sub-
sequently declared unconstitutional, an amendment to the Constitution of
1838 was made and later embodied in the present constitution, permitting
citizens in military service under requisition of the President of the United
States or by the authority of the Commonwealth, to vote while absent from
their election districts. The Absentee Voters Act of 1923, permitting
others to vote while away from their voting districts, was declared uncon-
stitutional.519 In 1937, however, provision was again made for absentee
voting by persons in military service.520
Before 1937 the returns of municipal and general elections were for-
warded by precinct election officers to the prothonotary, who presented
them to the court of common pleas. The judges computed the returns and
gave certificates of election, under the seal of the court of common pleas,
to the proper persons.521 Upon the adoption of the uniform primaries
laws of 1906 and 1913, returns of primaries were directed to be sent to the
county commissioners, who computed the vote.522 The authority of the
court of common pleas and the county commissioners in this respect was
wholly ministerial since they merely tabulated the returns as indicated on
the face of the precinct return sheets. Since the passage of the Election
Code of 1937, all returns in the municipal, general, and primary elections
must be sent to the county board of elections. At the close of the polls
the number of votes must be counted, certified, and signed by the judge
and inspectors. The county board of elections also computes and canvasses
5,3 Ibid., sec. 530(a).
510 Ibid., sec. 531.
517 1839 P.L. 519 sec. Ill rep. 1937 P.L. 1333 sec. 1901 but reen. in sec. 1821.
618 1813, 6 Sm. L. 70 sup. 1 but reen. in secs. 1303-1333; 1839 P.L. 519 secs. 43-50
rep. 1937 P.L. 1333 sec. 1901.
619 “Review of Absentee Voters’ Legislation in Pennsylvania,” University of Penn-
sylvania Lazv Revieiv, LXXIII (1925), 176-181. See also Const., art. VIII, sec. 6;
1923 P.L. 309 sec. 1-13.
620 1937 P.L. 1333 secs. 1301-1330.
521 Logan, op. cit., p. 60.
529 1906 (Sp. Sess.) P.L. 36; 1913 P.L. 719 sec. 14.
66
COUNTY GOVERNMENT
the returns ; its duties in this regard are elaborately outlined by statute
and designed to be an effective check on the returns as computed by the
local election officers.523
Education. For the purpose of administering its public school system,
Pennsylvania is divided into school districts, which in most cases follow
city, borough, and township lines. These districts are divided into four
classes according to population. The Department of Public Instruction
supervises the school system. There is an elected board of school directors
in each district and it is this board which appoints the district superin-
tendent. County superintendents are elected for a 4-year term at meetings
attended by school directors of all districts having schools which come
under their supervision. The office expenses are paid by the county. The
county superintendent of schools, however, is not strictly a county officer,
but one who represents the State Department of Public Instruction and
whose salary is paid by the State.
Pennsylvania made an early start in the direction of the education of
its youth. The Dutch and Swedes who preceded the English were possibly
more interested in general education of the people than their immediate
successors.524 No provision for free public schooling, however, was made
in their regime. Under the proprietary the county court was instructed
to take care that “all persons . . . having children . . . shall cause such
to be instructed in reading and writing, so that they may be able to read
the Scriptures and to write by the time they attain to twelve years of age.”
At the same time reference was made to what we now describe as voca-
tional education in the following terms: “that then they be taught some
useful trade or skill, that the poor may work to live, and the rich, if they
become poor may not want.”825
The variances of language, religion, custom, and habits of the hetero-
geneous groups comprising the Pennsylvania colony at this time and other
obvious handicaps made it impossible to carry out these precepts.520
Parochial and pay schools were established in some regions. These humble
schools were built and supported by contributions in most instances. In
the back country German was the language usually used and the variety
625 1937 P.L. 1333 secs. 1310, 1401-1418.
5!‘ Schools in Pennsylvania, p. 9.
5:5 Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 142; see
also ibid., pp. 95, 157, 238, 251.
,2r‘ Schools in Pennsylvania, p. 10.
GOVERNMENT ORGANIZATION
67
of subjects taught was limited. There were no academic standards for
teachers and their quality was, generally speaking, poor.527
In spite of these conditions the desire for education grew greater and
more general. After the Revolution there were organized efforts to pro-
vide for a free public school system. The Constitution of 1790 admon-
ished the legislature to effectuate a system for the instruction of the poor
throughout the State. 52S In an act of 1809 the General Assembly directed
each county to provide free education for pauper children between 5 and
12 years of age. This “pauper” provision, however, made it practically
useless because many who could not afford to pay were still not willing to
declare themselves paupers. In 1831 a general system of education was
adopted by the legislature. A system of free public schools was established
shortly thereafter by the Free School Act of 1834 as amended the follow-
ing year. Its passage followed a long and bitter struggle. This law de-
clared every township, borough, and city a separate school district, and
provided for a local board of school directors for each district.529 In 1849
many of the permissive features of the act of 1834 became compulsory and
in 1895 the first compulsory attendance law was passed.
Although the public school system has always been an integral part of
State government, supervision between 1834 and 1854 was essentially a
local function. In 1834 the Secretary of the Commonwealth acted as
Superintendent of Common Schools. A law of 1843 made optional the
appointment by the school boards of an inspector of schools in each dis-
trict, to carry out the mandates of the local bodies.530 In 1854 a county
system of supervision was introduced when the office of county superin-
tendent of schools was established, to supersede the authority of the local
inspectors. It became the duty of the county superintendent to visit all
the schools of his county, to examine and certify teachers, and to see that
the curriculum prescribed by law and by local boards was followed.531
In 1857 a State Department of Education, which was later to become
the Department of Public Instruction, was created and a separate appointee
627 Ibid., pp. 11-14.
528 Const, of 1790, art. VII, secs. 1, 2.
529 Schools in Pennsylvania, pp. 15-18; Joseph J. McCadden, Education in Pennsyl-
vania, 1801-1835, and its Debt to Roberts Vaux, p. 109; 1831 P.L. 385 sec. 1 ; 1834
P.L. 170 sec. 1 supp. 1835 P.L. 365.
630 Schools in Pennsylvania, p. 60.
531 Ibid.; 1854 P.L. 617 sec. 37.
68
COUNTY GOVERNMENT
was named as Superintendent of Common Schools, the Secretary of the
Commonwealth being thus relieved from these duties.532
Restrictions were imposed upon the authority of the county superin-
tendent in 186/ when district superintendents were provided for in those
cities having a population of 10,000 or over. Twelve years later 14 cities
had already elected district superintendents. By 1884 there were 42 such
cities, by 1934 there were 178, and today there are 182.533 To further
effectuate local administration, the appointment of supervising principals
In the board of school directors of any third- or fourth-class district was
authorized in 1901. This office continued to be under the direct supervision
of the county superintendent.53'4
The School Code of 1911 set up the present classification of school dis-
tricts. The city, borough, and township districts are now divided into four
classes based on population.535 There are at present a total of 2,550 school
districts in Pennsylvania ; of this number 2 belong to the first class, 20 to
the second class, 257 to the third class and 2,271 to the fourth class. Of
these totals all first and second-class districts, and 1 62 third-class districts
are under the direct supervision of district superintendents. The remain-
ing third-class districts and all of the fourth-class districts of Pennsyl-
vania are under the direction of county superintendents acting through
supervising principals.
Before 1911 the county superintendent of schools was elected for a
3-year term at a meeting attended by school directors of all districts under
his supervision, [hereafter his tenure was increased to 4 years.636 The
county superintendent may nominate assistants.537 At present there are
80 assistant county superintendents in Pennsylvania.538
The basic laws for the establishment of a free school system in Pennsyl-
vania had a numerous offspring and formed the cornerstone for a
hierarchal educational development. The curriculum of schools began to
be definitely planned. New courses were added throughout the nineteenth
century- A growing consciousness of the need for the development of
Const., art. IV, secs. 1, 20; 1857 P.L. 263 rep. 1911 P.L. 309; 1911 PL 309
sec. 1001.
“ ■S'c/ioo/j in Pennsylvania, p. 61 ; Pennsylvania Manual, 1939, p. 606.
c ‘ Schools in Pennsylvania, p. 61; 1911 P.L. 309 secs. 1214 1215.
030 1911 P.L. 309 secs. 101-105.
Ibid., secs. 1104, 1105 am. 1923 P.L. 349 No. 222 sec. 1.
1911 P.L. 309 sec. 1126 am. 1921 P.L. 1078 sec. 1 reen. 1933 P.L. 1072 sec. 3 and
am. 1937 P.L. 2592 sec. 3.
‘ Pennsylvania Manual, 1939, p. 605.
GOVERNMENT ORGANIZATION
69
higher or secondary education, for the development of special training-
courses for special vocations and handicapped individuals soon followed
in the wake of the act of 1834.
The first high school to be established was the Central High School at
Philadelphia, founded in 1836.539 A high school was established in Pitts-
burgh in 1S49.540 In 1855 a charter was granted to the “Farmer’s High
School,” which is now The Pennsylvania State College.541 But the gen-
eral establishment of public high schools other than these special “central
ones” was not extended until 1887 when legislation authorized high schools
for cities and boroughs which were divided into wards for school pur-
poses.542 The law of 1893 amending the act of 1854, which was itself later
repealed, permitted the establishment of high schools in boroughs not di-
vided into wards for school purposes and having at least 5,000 popula-
tion.543 In 1895 provision was made for the establishment of high schools
in every district of the State and power was granted to the directors to
form “joint high schools.” 544
By the beginning of the twentieth century the high school had become
recognized to such an extent that when an act was passed providing for the
centralization of township schools the same act contained provisions for
the establishment of township high schools.545 The High School Act of
1905 required districts not maintaining a high school to pay the tuition of
their pupils in another district.546 The School Code of 1911, which re-
pealed all of these acts, made provision for a complete system of secondary
education and encompassed within its bounds all of the above provisions
in some slightly altered form.547 Ten years later the junior high school
539 1836 P.L. 525 sec. 23.
549 1849 P.L. 528 sec. 17.
641 Schools in Pennsylvania , p. 81.
642 1887 P.L. 104 sec. 1. As late as 1860 there were only six public high schools in
the State.
543 1854 P.L. 617; 1893 P.L. 146 rep. 1911 P.L. 309.
544 1895 P.L. 413 sec. 1 rep. 1911 P.L. 309.
945 1901 P.L. 105.
040 1905 P.L. 40 sec. 1 am. 1907 P.L. 202 sec. 1.
147 1911 P.L. 309 sec. 1701 am. 1921 P.L. 1036 sec. 1 further am. 1925 P.L. 166 sec. 1 ;
1911 P.L. 309 sec. 1702 rep. 1925 P.L. 166 sec. 3; 1911 P.L. 309 secs. 1704, 1705 am.
1921 P.L. 1036 secs. 2, 3; 1911 P.L. 309 sec. 1707 am. 1915 P.L. 672 further am. 1927
|?.L. 689 No. 439; 1911 P.L. 309 sec. 1708 am. 1923 P.L. 455 No. 247 further am.
925 P.L. 435 sec. 3; 1911 P.L. 309 sec. 1711 am. 1921 P.L. 1036 sec. 4; 1911 P.L.
;09 sec. 1711(a) added 1931 P.L. 243 sec. 38 am. 1937 P.L. 564; 1911 P.L. 309 secs.
703, 1706, 1709, 1710, 1712-1715; 1911 P.L. 309 sec. 1716 added 1925 P.L. 435 sec. 2.
70
COUNTY GOVERNMENT
was recognized as part of the secondary school scheme of the State.54* *
Vocational, industrial, and agricultural education in Pennsylvania was
first defined in 1913. Provision was made for the establishment and regu-
lation of vocational schools. Detailed rules for State and local adminis-
tration and control were included in this act.549 In the same year the legis-
lature made a sizable appropriation to develop and encourage this work.550
At the next session of the legislature the Coxe Child Labor Act provided
for the general continuation school.551 The Showalter Act of 1917 accepted
the provisions of the Federal Smith-Hughes Act granting Federal aid in
the promotion of vocational education.552 This act was effective in further-
ing the vocational phase in the Pennsylvania educational program.
In order to meet the modern standards demanded for a successful pro-
gram of agricultural and home economics education, the Federal George-
Reed Act of 1929 provided additional funds for these purposes.553 Addi-
tional Federal George-Reed funds appropriated since 1937 have made pos-
sible the extension of county supervision in the fields of vocational agricul-
ture and home economics education.554 The Division of Agricultural Edu-
cation of the Bureau of Instruction is responsible for the administration
of the training of boys for the occupation of farming in the Pennsylvania
public schools. Vocational agriculture is taught in rural high schools and
is under the supervision of a county vocational education advisor. Similarly,
vocational home economics is taught in rural communities through the
services of the county home economics education advisor. Both advisors
are State employees.
A further effort to equalize public educational opportunity was the estab-
lishment of a program of extension education for out-of-school youth and
adults. In 1911 the General Assembly, recognizing a need for such a pro-
gram, gave it legislative sanction. Its purpose is not entirely vocational
training. It aims also at the correction of those handicaps which make it
difficult for individuals to adjust themselves to changing conditions. It
further aims toward the development of skills and the encouragement of
creative ability. An act passed in 1937 provided for courses in parent edu-
•** 1911 P.L. 309 sec. 1701 am. 1921 P.L. 1036 sec. 1.
*4* 1913 P.L. 138.
“"1913 P.L. 1249.
“‘1915 P.L. 286.
Schools in Pennsylvania, p. 25.
544 Ibid.
“* Biennial Report, p. 25.
GOVERNMENT ORGANIZATION
71
cation, the most vital phase of which is the training of foreign-born parents
in American customs and civilization.555
The State plan for the 5-year period 1937 to 1942 contains two new
phases of vocational education : preparation for public service occupations
such as firemen, policemen, and tax collectors ; and preparation of indi-
viduals in distributive occupations, in the fields of buying and selling.355
After the passage of the Free School Act of 1834 single-room schools
were constructed in isolated areas because of the scattered population. The
expense entailed in operating these schools and the transportation difficul-
ties involved led to a movement to consolidate rural schools, which culmin-
ated in the passage of the act of 1901. This law provided for the con-
solidation of township schools, and the transporting of pupils to these
central schools at the expense of the district. This authority was reaffirmed
by the act of 1911 and encouraged by the act of 1919, which required
school directors to discontinue one-teacher schools having an average term
attendance of 10 or less, unless the State Council of Education permitted
their continuance. A further stimulus was provided in 1925 when the
State agreed to pay as much as 75 percent of the transportation costs of
these pupils. The State Council of Education has established standards for
motor vehicles transporting children and for stations in rural areas. In
connection with the establishment of consolidated schools, the task of select-
ing sites, determining routes, and making contracts for transportation of
children is a function shared by the local district authorities and the county
board of school directors, an agency established in 1937. 557
The State Council has further developed a consolidation and transporta-
tion division, its major function being to promote more satisfactory schools
and attendance areas and more efficient units of school administration. The
major services of this division involve school mergers and consolidation
growing out of both internal and external reorganization and direct super-
vision of the development of adequate transportation facilities.558
Pennsylvania has given an increasing amount of attention to the prob-
lem of education for the physically and mentally handicapped. Individuals
with a philanthropic trend of thought began to develop facilities to care
655 1911 P.L. 309 sec. 1901 am. 1925 P.L. 159 sec. 1 further am. 1937 P.L. 599; 1925
P.L. 492 sec. 2 am. 1937 P.L. 599.
658 Biennial Report, p 42.
557 1901 P.L. 105 No. 77 sec. 1; 1911 P.L. 63 sec. 1; 1919 P.L 498 secs. 1-4 am.
1923 P.L. 463 sec. 1 further am. 1925 P.L. 634 sec. 4.
“9 Biennial Report, p. 76,
72
COUNTY GOVERNMENT
for these unfortunates and it was not long before the State began to par-
ticipate. Today we have, in addition to elementary, secondary, and voca-
tional schools operated by the school districts, numerous State-owned and
State-aided schools for the teaching of the crippled, the blind, and the
deaf. The Pennsylvania Institution for the Instruction of the Blind, in
Philadelphia, a private but State-aided institution, is maintained principally
for the training of blind children, as is the Western Pennsylvania School for
the Blind at Pittsburgh. The Pennsylvania State Oral School for the
Deaf at Scranton and the Home for Training in Speech of Deaf Children
at Philadelphia, both State-owned, are intended for the instruction of deaf
children. Other State-aided institutions are the Western Pennsylvania
School for the Deaf at Pittsburgh, and the Pennsylvania School for the
Deaf at Philadelphia.039
The School Code of 1911 provided that the State should pay for the
education of impecunious handicapped children between the ages of 8 and
16 outside the school district. This act was amended in 1919 to permit
the State to pay for readers for blind students in higher institutions of
learning. In 1925 the State was authorized to defray “necessary” expenses
of blind or deaf children in colleges and other schools.500
Specialized institutions operated by the State are such schools as the
Thaddeus Stevens Industrial School for indigent orphan boys between
16 and 18; the Pennsylvania State Oral School for the Deaf; the Penn-
sylvania Soldiers’ Orphan School Home ; and the Pennsylvania State
Nautical School operating the schoolship Annapolis for the education of
qualified Pennsylvania students in the science of seamanship, marine engi-
neering, and navigation.501
In addition to the above State-owned schools, Pennsylvania subsidizes
7 colleges and universities and 12 special schools, which provide training
in commerce, art, science, agriculture, and industry for people of all ages.582
When the Free School Act of 1834 was passed the majority of teachers
had completed only the upper grades of common schools. At that time
inspectors of school districts were empowered to adopt requirements for
Schools in Pennsylvania, pp. 42, 43; Pennsylvania Department of Welfare, Hand-
book of State Institutions, pp. 17-19.
•"1911 P.L. 309 sec. 1439; 1911 P.L. 309 sec. 1440 added 1917 P.L. 206 sec. 2 am.
1925 P.L. 74 sec. 1.
M1 Biennial Report, pp. 247-252. The State Nautical School was closed in February,
1942, because of war conditions.
5,a Ibid., p. 252.
GOVERNMENT ORGANIZATION
73
the certification of teachers. In 1857 the Norma! School Bill was passed,
dividing the State into 12 districts, subsequently increased to 14, in which
private normal schools might be established. In 1911 the State was author-
ized to purchase these institutions which, in 1926, were reorganized as
State Teachers Colleges giving a 4-year course. The present standard for
certification was adopted in 1937. Temporary certificates are granted to
elementary teachers after 3 years of training, and provisional college certifi-
cates after 4 years of preparation. Teachers in the secondary schools
must be graduates of an accredited 4-year institution, and possess pro-
visional college certificates. The certification of teachers under the present
school law is effected through the State Office of Teacher Education and
Certification and in case of emergency by the county or district superin-
tendents.583 The Placement Service of the State Office of Teacher Educa-
tion and Certification assists local school districts so that they may secure
qualified teachers. Many school districts rely on commercial agencies for
lists of teachers.564
As the educational needs of Pennsylvania were recognized from time
to time, the need for funds with which to support each new educational
attempt grew greater. The transition from support by voluntary contribu-
tion to taxation to pay for the education of the poor at public expense was
fairly rapid. With the passage of each new provision for the payment of
taxes throughout the State, some provision was made relative to school
taxes. The school revenue system as it exists today may be summarized
in the following manner : In school districts of the third and fourth classes
taxes are levied and assessed on property taxable for county purposes by
the district school boards.505 In addition, there is a per capita tax ranging
from one to five dollars as the directors may determine, on every resident
in the district over 21 years of age.560 Financially distressed districts may
receive aid from the school fund. The State has always paid the minimum
salary of the county superintendent and a specified percentage of the trans-
portation of children; and has provided subsidies, stimulated by Federal
grants, for training of a specialized nature as has already been indicated.567
Public Health, Planning, and Recreation. The need for a program of
public health was felt early in Pennsylvania history but it did not take an
Ibid., p. 17; Schools in Pennsylvania, pp. 32-36.
364 Biennial Report, p. 133.
685 1911 P.L. 309 sec. 540 am. 1923 P.L. 102 sec. 1.
388 1911 P.L. 309 sec. 542 am. 1919 P.L. 997 sec. 1 further am. 1921 P.L. 508 sec. 4.
m Schools in Pennsylvania, pp. 72-75.
74
COUNTY GOVERNMENT
organized form until the State Department of Health was set up in 1905. 508
This Department superseded the State Board of Health with largely in-
creased powers. The act of 1905 was modified somewhat by the County
Code of 1929. Full executive control of the Department is now under the
Secretary of Health who is appointed by the Governor, subject to the State
Senate’s approval, for a term of 4 years. The Department of Health must
enforce all statutes relating to public health and all rules and regulations
of its advisory board relating to general sanitation, public water supplies,
water pollution, sewage disposal, public health nuisances, communicable
diseases, handling and distribution of milk, and narcotic drugs.509 The
county system of administration is utilized to do this work although the
agents of the Department are paid by the State. Counties are combined into
districts, in some instances, and these districts are under the control of full-
time district medical officers. Armstrong, Indiana, and Jefferson counties
constitute one district under the control of such an officer ; Luzerne alone
constitutes a district under another such officer ; Greene and Washington
counties form another district ; and Bucks and Montgomery, a fourth dis-
trict. Fifty-six counties are under the direction of part-time medical
officers.570 The county commissioners have the implied power to appoint
county health officers,571 but in general it may be said that the counties are
not very active in health work. Actually the work of the State Depart-
ment of Health is administered directly in townships of the second class,
and indirectly through the local boards of health in cities, boroughs, and
townships of the first class.572 Much of this work has been made possible
through funds provided by the Federal Social Security Act.573
The activity of the counties in tuberculosis prevention and cure has been
negligible in most cases in spite of the fact that legislation has attempted on
several occasions to encourage their cooperation in this matter. In 1911
the poor directors were authorized to acquire land for the erection of
tuberculosis sanatoria and hospitals.574 When the general poor relief act
BW 1905 P.L. 312.
5,0 Pennsylvania Manual, 1939, pp. 543-546.
™ Ibid., pp. 653, 654.
871 1929 P.L. 1278 sec. 447. This section authorizes the commissioners to appropriate
money for the protection of “health, cleanliness, convenience, comfort, and safety of
the people of the county.”
672 Pennsylvania Manual, 1939, p. 543.
878 Neva R. Deardorff, Child Welfare Conditions and Resources in Seven Pennsyl-
vania Counties, p. 66.
874 191 1 P.L. 1111 No. 836. The plans for these hospitals were to be approved by
the State Department of Health
GOVERNMENT ORGANIZATION
75
was passed 14 years later, these provisions were reiterated, but repealed in
1937 when the county institution district was established.575
The board of county commissioners had been authorized to establish
tuberculosis hospitals if the voters should elect to have them do so.570 The
act containing this authority was found to be inconsistent with the consti-
tution insofar as it delegated the management of such hospitals to a board
of trustees. In 1925 the law was repealed and corrected. The management
of tuberculosis hospitals was placed in the hands of the county commission-
ers and an advisory board appointed by the court of common pleas 577 and
consisting of five members. Failing any action on the part of the county,
the State’s Bureau of Tuberculosis Control operates within the county.
In 1939 this bureau created a division of Tuberculosis Clinics and Survey.578
Under the Mental Health Act of 1923 the maintenance and care of
indigent insane including epileptics, inebriates, and mental defectives are
the primary responsibility of the Commonwealth, although provision is also
made for their support by their families and the county.579 Many State
institutions to meet the needs of this group have been developed since the
beginning of the century. The act of 1937 provides for payment by the
county institution district for mental defectives and other public charges
placed in institutions.580 By virtue of legislative authority the State is re-
sponsible for the maintenance and care of crippled children. Before 1938
this responsibility was shared by the State and county, the former paying
for their support, the latter for their clothing.581
The county commissioners may construct hospitals for contagious dis-
eases 582 and hospitals for women suffering from nervous diseases.583 They
may appropriate money to promote general health activities,584 to suppress
animal and plant diseases in cooperation with the State Department of
673 1925 P.L. 762 secs. 1200-1203 rep. 1937 P.L. 2017 sec. 702.
576 1921 P.L. 944.
5,7 1925 P.L. 65 secs. 3-5. See Const., art. Ill, sec. 20. The County Code of 1929
P.L. 1278 rep. this act of 1925 in sec. 1051 but reen. it in secs. 622-633.
578 Pennsylvania Manual, 1939, p. 545.
679 1923 P.L. 998 secs. 311, 312, 315, 316 am. 1937 P.L. 973 further am. 1938 (Sp.
Sess.) P.L. 63 sec. 1 ; 1923 P.L. 998 secs. 313, 314.
680 1937 P.L. 2017 sec. 401(e).
681 1923 P.L. 677 No. 276 sec. 1.
682 1929 P.L. 1278 sec. 617.
583 1929 P.L. 38 secs. 1-4.
684 1929 P.L. 1278 sec. 447.
76
COUNTY GOVERNMENT
Agriculture,585 and to support nonsectarian hospitals within the county’s
limits and those outside of the county giving aid to people in the county.589
In addition to the above sendees, local city, borough, and first class town-
ship health officers or boards under the general supervision of the State
Department of Health are active in the prevention of contagious diseases
and in enforcing local health mandates. The county or district medical in-
spector, appointed and paid by the State Department of Health, in addition
to correcting oversights of local health authorities in the control of con-
tagious diseases, is active in conducting medical inspection in rural
schools.587 In 1939 the duties of the county medical inspector were ex-
tended when he was required to investigate and provide for the care of
children reported born with inflammation of the eyes, and to make reports
containing details of such cases to the State Department of Health.588 In
all school districts containing a population of 5,000 or more, annual medical
inspection is conducted by medical inspectors appointed by local school
boards. The School Medical Inspection Division is responsible for the
physical examination of school children in fourth-class districts, school
sanitation, enforcement of the vaccination law, and the supervision of
medical inspection in first, second, and third-class districts. All of this work
must be conducted according to standards prescribed by the Secretary
of Health.580
The Bureau of Public Health Nursing cooperates with the work of the
tuberculosis, venereal diseases, and child health clinics, supervises medical
school examiners in fourth-class districts, and conducts a follow-up pro-
gram for the correction of defects.500
Included in the program for furthering public health is authorization
for appointment by the county commissioners of a mosquito extermination
commission. This appointment may be made only after a petition to the
county commissioners has been followed by a favorable vote. The board
consists of five members who serve for a term of 5 years.501 Most counties
have not yet availed themselves of this privilege because they have felt no
need for it. But in those counties which have done so a great deal has been
™Ibid., sec. 446; 1935 P.L. 226 sec. 1.
5SM929 P.L. 1278 sec. 441 am. 1931 P.L. 401 sec. 1.
Deardorff, op. cit., p. 47.
■“ 1913 P.L. 443 secs. 2-4, 6 am. 1939 P.L. 363.
659 1911 P.L. 309 sec. 1501 am. 1919 P.L. 572 sec. 1 and 1919 P.L. 997 sec. 2 further
am. 1921 P.L. 939 No. 329 sec. 1.
000 Pennsylvania Manual, 1939, p. 545.
“l 1935 P.L. 641.
GOVERNMENT ORGANIZATION
77
accomplished toward health promotion by the elimination of breeding places
of these dangerous pests.
Since 1937 the county commissioners of all counties have been permitted
to appoint a planning commission, consisting of nine members, to make
recommendations for the location of public buildings, streets, railways, and
playgrounds, and for the use of land in the future.''92 In order to promote
the health, safety, welfare,- and general prosperity of the people the county
commissioners may pass zoning ordinances and appoint a zoning commis-
sion to enforce them and a board of zoning adjustment.592 In counties
where there is already a planning commission the county commissioners
may request it to do this work.594
A great need for park and recreation facilities was recognized by legis-
lation more than 20 years ago. In 1919 authority was granted to county
commissioners to designate parks, playfields, and indoor recreational facili-
ties.593 To build and maintain facilities of this kind the commissioners may
vest the necessary authority in an existing body of the proper nature or
appoint a recreation board consisting of five members to serve for a term
of 5 years.
Vital Statistics. The Bureau of Vital Statistics collects all data on births,
deaths, and marriages throughout the State through the efforts of ap-
proximately 750 local registrars who are paid by the counties on a fee
basis.596 The history of the collection of vital statistics in Pennsylvania
before the State assumed the responsibility is very lean. It is true, how-
ever, that the different laws governing the territory and later the Common-
wealth, sometimes made brief provisions for this work. The Duke of
York’s Laws contained a provision for the minister or town clerk of every
parish to record all births, marriages, and burials.597 LTnder the Laws
Agreed upon in England there was to be a register for births, burials, and
marriages. 59S This provision was repeated in the Great Body of Laws
o»2 2937 p l 2124. Before 1937 planning commissions were permitted in counties of
the second class only. See 1923 P.L. 131 supp. 1925 PL. 114 rep. 1929 P.L. 1278
sec. 1051 but reen. in secs. 501-506.
593 1929 P.L. 1278 secs. 410, 510.1, 510.2, 510.7, 510.10 added 1937 P.L. 2129.
694 1929 P.L. 1278 sec. 510.2 added 1937 P.L. 2129.
605 1919 P.L. 784 No. 322 secs. 1, 2 am. 1921 P.L. 484 secs. 1, 2 further am. 1927 P.L.
56 secs. 1-3 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 650, 651 am. 1935 P.L. 46
secs. 1, 2.
696 Pennsylvania Manual, 1939, p. 545.
697 Duke of York’s Laws in Charter to William Penn, pp. 13, 14.
898 Laws Agreed upon in England, April 10, 1682, in Charter to William Penn, p. 101.
78
COUNTY GOVERNMENT
passed the same year.'90 Acts passed in 1683 and 1684 required certificates
of marriage to be registered 000 and another act passed in 1690 required
religious societies to keep a registry of marriages, births, and burials. eni
Throughout the eighteenth century and the early part of the nineteenth
century only a few acts related to vital statistics.
From 1852 until 1855 it was the duty of the register of wills to keep
separate books and indexes for recording marriages, births, and deaths
occurring within the county.00- In 1885 this responsibility was shifted to
the State Board of Health which was authorized to receive communica-
tions of vital statistics from local health officers.903 In 1905 a State Board
of Health and Vital Statistics was required to have charge of the registra-
tion of births and deaths only.004 In the same act a Central Bureau of Vital
Statistics was to be set up under the direction of the State Registrar of
Vital Statistics who was appointed by the Board.003 The State was to he
divided into districts, each city, borough, and township being a primary
district, and the board was to appoint a local registrar for each district.800
Another act passed in the same year provided that the State Board of
Health should be replaced by a Department of Health consisting of an
advisory board and a Commissioner of Health,007 who was to have general
supervision over the registration of births, deaths, marriages, diseases, prac-
titioners of medicine, surgery, midwives, nurses, undertakers, and veter-
inarians.'10'* The commissioner was to cause their registration in the Bureau
of Vital Statistics.000 He was empowered to divide the State into 10 dis-
tricts and appoint a health officer for each one.810 The passage of the act of
1915 and the more recent changes made in State administration have greatly
afTected the technique of compilation of vital statistics throughout the State.
The Commissioner of Health has been replaced by a Secretary of Health
•"The Great Law or the Body of Laws, December 10, 1682, in Charter to William
Penn, p. 119.
w Laws of the Assembly, March 10, 1683, and May 10, 1684, in Charter to William
Penn, pp. 151, 171.
m Laws of the Assembly, 1690, in Charter to William Penn. p. 229.
*” 1852 P.L. 2 sec. 1 rep. 1855 P.T.. 4.
■” 1885 P.L. 56 secs. 1. 7.
1905 P.L. 330 sec. 1.
” Ibid., sec. 2.
*’•’ Ibid., secs. 3, 4.
1905 P.L. 312 sec. 1.
"Ibid., sec. 10.
~ Ibid.
Ibid., sec. 11.
GOVERNMENT ORGANIZATION
79
and the Bureau of Vital Statistics has been abolished as an independent
agency.611 To effect proper control over the registration of births, deaths,
marriages, and cases of communicable disease the acts of 1915 and 1921612
declared that each city, borough, and township shall constitute a primary
registration district but two or more primary registration districts may be
united into one registration district. The Secretary of Health has divided
the State into approximately 750 registration districts, each of which is
under the direct supervision of the local registrar, appointed by him for
a 4-year term.
The local registrar is required to issue burial permits to undertakers
after a certificate of death has been filed with him ; to register births, still-
births, and deaths as certified by attending physicians ; to notify local health
officers of deaths occurring without medical attendance as reported by
undertakers ; and in case of suspicious circumstances to refer the case to
the coroner for his investigation and certification ; and to keep a register
of physicians, midwives, and undertakers.613 He is further required to re-
port weekly the deaths of residents in his districts to the county registration
commission.614 All blanks and forms are supplied by the State Registrar of
Vital Statistics. The United States Bureau of Census supplies envelopes
bearing the franking privilege.615
The local registrar is required to make a duplicate of each birth and death
certificate registered by him, which must be preserved in his office as a local
record. Once a month he must send all original certificates registered by
him during the preceding month to the State Registrar of Vital Statistics.616
Each registrar is entitled to receive a fee of 50 cents for each certificate
registered with him, which is paid by the county treasurer after proper
certification is made by the State Registrar.817 Certified copies of birth
and death certificates from January 1, 1906, may be obtained at the
Bureau of Vital Statistics in Harrisburg. A fee of 50 cents is charged for
each search, and a fee of $1 for each issuance of a certified copy. The fees
811 1915 P.L. 900 secs. 1-4; 1923 P.L. 498 sec. 2; 1927 P.L. 207 sec. 2. The duties of
the Bureau of Vital Statistics were taken over by the Department of Health, and a
similar bureau was set up in that department.
612 1915 P.L. 900 secs. 1, 3, 4; 1915 P.L. 900 sec. 2 am. 1921 P.L. 181 sec. 1.
613 1915 P.L. 900 secs. 5-9, 12, 16.
614 1935 P.L. 478 No. 195 sec. 26; 1937 P.L. 487 sec. 29(a) ; 1937 P.L. 849 sec. 30(a).
816 Pennsylvania Department of Health, Pennsylvania Department of Health; Organi-
zation and Functions, p. 22, hereinafter cited as Organization and Functions, Health
Department.
816 1915 P.L. 900 sec. 19.
817 Ibid., sec. 20 am. 1921 P.L. 181 sec. 3; further am. 1927 P.L. 857 No. 434.
80
COUNTY GOVERNMENT
are remitted to the State Department of Revenue and in turn to the State
Treasury.018
Public U elfare. Care of the poor was considered a local governmental
liability as early as the regime of the Duke of York. First it was purely a
township matter: later it was considered the joint responsibility of the sev-
eral towns in each riding.018 Under the proprietary, aid to the poor was at
first completely a county function, the justices of the peace being given the
power to determine whether individual applicants for aid were worthy
thereof.620 In 16S3 provision was made to a small degree for the education
of indigent children.1'-1 \Y ithin the next ten-year period the office of over-
seers of the poor had been established and they performed their duties in
conjunction with the justices of the peace.022 The first poor relief law apply-
ing throughout the Province was passed in 1706 and was of long lasting
effect.' - ■ The counties’ duties respecting the poor were transferred to the
townships and placed in the hands of overseers, who were first appointed
by the justices of the peace 024 and later elected directly by the people.025
The township unit began to give way to the county unit of poor relief in
some instances where special legislation was passed to effect this difference.
M Organization and Functions, Health Department, p. 22.
Duke of ^ ork s Book of Laws, March 1, 1664, in Charter to William Penn
pp. 58, 64.
" n The Jjreat Law, December 7, 1682, ch. XXXII in Charter to William Penn,
p. 115; 1705-6, II St. at L. 251 sec. 7 rep. 1771, VIII St. at L. 75 sec. 30 but reen. in
sec. 9 sup. 1836 P.L. 539 sec. 6 rep. 1925 P.L. 762 sec. 2.
0:1 Laws of the Assembly, March 10, 1683, ch. CXII in Charter to William Penn,
p. 142.
'■"Laws of the Assembly, May 15, June 1, 1693, in Charter to William Penn, p. 233
sec. 17; 1700, II St. at L. 34 sec. 4.
1705-6, II St. at L. 2el rep. 1771, \ III St. at L. 75 sec. 30 but reen. as am. in
secs. 1-29 rep. 1937 P.L. 2017 sec. 702.
1705-6, II St. at L. 251 secs. 1, 2 rep. 1771, VIII St. at L. 75 sec. 30 but reen.
and am. in secs. 1, 4, 6, 7 rep. 1937 P.L. 2017 sec. 702.
1809, X\ III St. at L. 969 sec. 1 provided that overseers of the poor be chosen in
the same manner as road supervisors who were made elective 1802, 3 Sm.L. 512 sec. 2;
1834 P.L. 537 secs. 90, 94 abolished the office of township overseers of the poor and
required that the overseers duties be assumed by the supervisors of highways. How-
ever, 1835 P.L. 45 see. 9 rep. these provisions and re-established the office of overseer
of the poor except in Erie, Franklin, Venango, Wayne, Warren, Susquehanna, Brad-
ford, Tioga, and Luzerne Counties; 1881 P.L. 120 sec. 1 am. 1883 P.L. 66 required that
two overseers of the poor be elected in all townships where the care of the poor
remained a township function, i he borough law of 1834 P.L. 163 sec. 5 provided for
the election of overseers for boroughs. See also acts of 1893 P.L. 335 sec. 9 am. 1897
P I 88 sec. 1 rep. 1937 P.L. 2017 sec. 702; 1903 P.L. 246.
GOVERNMENT ORGANIZATION
81
Other counties, on the other hand, continued to follow the township or
municipal system until 1938. In those counties where the county system
had been adopted the general practice was to elect three poor directors for
a term of 3 years while overseers of the poor were abolished.626 Combina-
tions of these two systems were sometimes adopted as another method,
resulting in complex structures such as mixed districts. Still other practices
resembled that adopted in 1851 for Crawford County in which the county
unit system was adopted, the county commissioners serving in ex officio
capacity as poor directors.027 A general poor law of 1879 made it possible
for many other counties to adopt this same system. An act of 1925 recog-
nized the county unit as the rule rather than the exception,628 and it was
then an easy step to the present system put into operation in 1937. 620
As already indicated, during the early years of the history of Pennsyl-
vania ordinary poor relief was administered in the townships and boroughs
by local overseers appointed by the justices of the peace until 1809, and
thereafter elected.630 Under the provisions of numerous acts, two methods
of poor relief were then provided for the care of all classes of indigent
people. In the first place, outdoor relief might be authorized by township
overseers in the form of orders for food, rent, clothing, and fuel; in the
second place indigent persons, including children, might be indentured by
contract.631 This procedure prevailed until institutional care of indoor relief
was provided for as a supplement to the outdoor and contract methods.
Almshouses were established in all but eight counties.632 County autonomy
over poor relief was established by the act of 1937 at which time general
control over this function was lodged in the newly created county institution
district composed of the county commissioners ex officio, who replaced the
former poor authorities.633 All local poor districts were abolished and the
Department of Public Assistance of the Commonwealth made responsible
for the administration of all outdoor direct relief through county boards of
assistance for local administration.
A second line of development was indicated in 1913 when categorical
relief was provided for special groups, providing counties agreed to par-
020 1798, XVI St. at L. 15.
627 1851 P.L. 715.
,,2a 1925 P.L. 762 rep. 1937 P.L. 2017 sec. 702.
020 1937 P.L. 2017 secs. 105, 301, 302, 601-605, 701.
roo 1809, 5 Sm.L. 18.
031 1705, II St. at L. 251 secs. 1, 2, 6.
“2 See list of Poor Houses in Pennsylvania, infra., pp. 00-00.
033 1937 P.L. 2017.
82
COUNTY GOVERNMENT
ticipate in State programs. This was first granted in the form of mothers’
assistance, in which program the commissioners of different counties agreed
to participate at different times, whereupon the Governor appointed a
mothers’ assistance board to administer the funds.11'11 In 1934 the scope of
categorical relief was extended to include old age 633 and blind assistance.1 111111
In that year the State enacted appropriate legislation in order to benefit
by the grant-in-aid provisions of the Federal Social Security Act. The
mothers’ assistance board was replaced by the county assistance board in
1937. In this board today is centralized the administration of old age,
blind, and mothers’ assistance fund work, previously performed by the
mothers’ assistance board, as well as outdoor relief, formerly exercised by
the board of poor directors,037 and unemployment insurance.
A sendee made possible through the welfare provisions of the Social
Security Act is the extension unit for child welfare service in areas pre-
dominantly rural. This service operates as a unit of the Pennsylvania
State Department of Welfare, which is active in developing a program of
social service for children needing institutional care in various children’s
homes, or boarding in private homes.
Another form of public relief is veterans’ relief which, in Pennsyl-
vania, is handled by the State Veterans’ Commission in the Department
of Military Affairs. This commission originated in 1929 and operates
through local veterans’ organizations in disbursing State funds.638 Special
State pension funds for disabled Revolutionary War veterans and their
widows were provided for as early as 18 1 3, 030 and payments made by the
county treasurer from State funds in his hands were authorized in 1834. 04"
These provisions were extended to include Civil War veterans in 1865. 041
The administration of State institutional relief is handled by the Penn-
sylvania State Department of Welfare. Furthermore, State adminis-
trative control over county institutions is centered in this Department. Com-
mitment or admission to State institutions is accomplished by applying to
the court of common pleas. The transportation and maintenance of insane
“4 1913 P.L. 118 sec. 2 am. 1915 P.L. 1038 rep. 1919 P.L. 893 sec. 19 but reen. in secs.
1-18; 1919 P.L. 907.
035 1934 (Sp. Sess.) P.L. 282 rep. 1936 (Sp. Sess.) P.L. 28 sec. 25 but reen. in sec. 1
™ 1934 (Sp. Sess.) P.L. 246 rep. 1935 P.L. 621 No. 220 sec. 16 but reen. in sec. 1
1937 P.L. 2051 secs. 2, 3.
TO’ 1929 P.L. 177 sec. 203 am. 1931 P.L. 350 sec. 1 ; 1929 P.L. 177 secs. 1403, 1411
*" 1813, 6 Sm.L. 27 sec. 1.
440 1834 P.L. 290 sec. 1.
M1 1865 P.L. 52 No. 37 sec. 1.
GOVERNMENT ORGANIZATION
83
and indigent persons and juveniles of the dependent and delinquent classes
committed by the court are the responsibility of the county institution
district.642 On the other hand, children between the ages of 6 and 21,
sent to State schools for the deaf and blind, are the joint responsibility
of the school district of which the child is a resident and of the Common-
wealth. The school district must pay 25 percent of the cost of tuition and
maintenance while the State must contribute 75 percent.643
Public Works. Since 1771 the construction of public roads and bridges
has been primarily a township function 044 although in recent years local
authority has been supplemented by county and State aid. Municipal
authorities may levy an annual road tax and may divide the township into
appropriate road districts. County aid has been authorized for the con-
struction and improvement of State highways, State-aided, and other high-
ways ; for land damages to owners of private property confiscated in the
construction, widening, and changing of grades for State highways and
State-aided highways ; for the construction, repair, and maintenance of
bridges, and causeways and embankments for bridges ; and for sidewalk
construction.645
Legislation authorizing county aid to the municipalities in building roads
and bridges existed prior to 1900, but present procedures are defined by
the act of 1919 and the County Code adopted in 1929, which revises,
amends, and consolidates earlier legislation and subsequent acts. The act
of 1919 authorizes the county to expend money and incur indebtedness to
pay for the improvements of any State highway, State-aid highway, or
any other highway located within the township, upon petition of the town-
ship officials to the county commissioners.646 The provisions of this act
were extended to include boroughs in 1921 and cities in 1929. In 1935
the county commissioners were again authorized to make appropriations
for the improvement of State highways, provided that the State Highway
Department approved the project.647 County aid in the payment of land
damages for State highway purposes was extended to boroughs in 1929
642 County Institution District, p. 7.
643 1911 P.L. 309 sec. 1413 am. 1919 P.L. 1090 further am. 1925 P.L. 70.
344 1771-72, VIII St. at L. 185.
645 Pennsylvania Local Government Commission, Pennsylvania State-Local Relations
in Roads, Tax Abatement, and Gasoline Tax Distribution, pp. 73, 74, hereinafter cited
as State-Local Relations.
349 1917 P.L. 10 rep. 1919 P.L. 450 sec. 2; 1919 P.L. 450 sec. 1 am. 1921 P.L. 26
further am. 1929 P.L. 1651.
947 1935 P.L. 803 sec. 1.
84
COUNTY GOVERNMENT
as it had formerly been extended to townships, but the county commis-
sioners were required first to enter into an agreement with property owners
as to the amount of damages to be paid before the State Highway Depart-
ment could proceed with the work.64*
The county commissioners may enter into contract with local corporate
authorities to improve certain municipal streets. The county may agree
to pay the total cost or the cost may, on agreement, be divided between the
county and the municipality.040 Under other conditions the county may
agree to aid municipalities and special provisions require the sharing ot
costs of construction.650
The board of county commissioners may adopt a system of highways
based on population needs for the county, and may, with the approval of
the grand jury and the court of quarter sessions, take over exclusive con-
trol of any public road. Furthermore, they may open new highways, but
these must be maintained by local authorities.831 The county may authorize
the construction of guard rails where a township road borders the edge of a
precipice if the expense is too great for the township to bear,052 and the
county may condemn land and widen sidewalks where replacement is neces-
sary owing to State highway construction.653
1 he county is given similar optional authority to aid municipalities in
building a new bridge or in improving an old one over waterways or rail-
roads, in which case a petition of municipal authorities or citizens must
be submitted to the court of quarter sessions. If the court, grand jury,
and county commissioners consider the bridge to be necessary, on the
basis of a report of the board of viewers, the bridge may, at the discretion
of the county commissioners, be entered as a county bridge.654 Similarly,
the county commissioners may authorize the building of causeways, and
embankments, and may enter them as a county improvement.655 Bridges
built by boroughs or townships may be given to the county free of charge,
in which case the county commissioners must thereafter maintain and
keep them in repair. In 1929 the General Assembly made it easier for
w 1929 P.L. 1596.
040 1929 P.L. 1278 secs. 951-55.
™ Ibid., secs. 959-963, 965.
051 Ibid., secs. 891, 892.
“2 Ibid., sec. 964.
“’1919 P.L. 450 sec. 1 am. 1929 P.L. 1651 sec. 1 further am. 1935 P.L. 803 sec. 1.
r'A 1929 P.L. 1278 secs. 751, 755, 757.
Ibid., sec. 754.
Ibid., sec. 758. „
GOVERNMENT ORGANIZATION
85
the county to aid in the construction of bridges by enabling the commis-
sioners to authorize funds for the building of bridges upon the approval
of the grand jury, of the court of quarter sessions, and of the viewers.057
In 1935 this act was amended to allow the approval of the Secretary of
Highways in lieu of all other approval, provided the amount paid by the
county did not exceed $1,500.058
A comparatively recent innovation is the gasoline tax program initiated
in 1921, and designated to aid the counties in building and maintaining
roads and bridges. The State makes semi-annual payments to the county
of a certain percentage of this tax which the county in turn may delegate
to the municipalities.659
In charge of preparing plans, specifications and estimates of the county
in the construction of public works is the county engineer, an appointee
of the county commissioners. This office was authorized in 19 1 9. 600 If
there is no county engineer the commissioners must appoint a registered
engineer to do this work. Viewers to determine the necessity for building
public works and for estimating damages to property have from the earliest
times been appointed by the court of quarter sessions.681
It is the duty of the county commissioners to build and maintain neces-
sary public buildings, and with the approval of the grand jury and of the
court of quarter sessions, to alter or enlarge the same. The title of all
courthouses and prisons together with all other real property owned or
acquired by the county is vested in the county.062 Specifications for erecting
proposed county buildings such as detention homes for women must first
be approved by the State Department of Welfare 003 and plans for build-
ing county hospitals for nervous women by the State Department of
Health.604
The State Board of Education is charged with approving plans and
specifications submitted by local boards for the construction of school
067 Ibid., sec. 755.
653 1935 P.L. 1037 sec. 1.
659 State-Local Relations, p. 62.
690 1919 P.L. 163 sec. 1 ; 1927 P.L. 820 No. 415 sec. 1 ; 1929 P.L. 1278 sec. 166.
661 1700, 1 Dali. 16 sec. 2; 1911 P.L. 1123 sec. 1 am. 1929 P.L. 867.
002 1929 P.L. 1278 secs. 551. 552.
603 1927 P.L. 24 sec. 1 rep. 1929 P.L. 1278 sec. 1051 reen. in sec. 635
c“ 1929 P.L. 38 sec. 3.
COUNTY GOVERNMENT
86
buildings , and must furnish, without additional charge, if the proposed
building is not to have more than four classrooms, plans to local boards
on requests.00-' It is the duty of the county superintendent of schools or of
one of his assistants to inspect all school grounds and buildings under their
jurisdiction; 060 and of the county medical inspector to examine annually,
sanitary conditions of all school buildings and grounds as the regulations
of the State Department of Health or the rules of the local board of heal*
or board of school directors require.687
1 he Sanitary Water Board administers, the sewage and anti-pollution
laws of the State. The Department of Health through the Bureau of
Engineering is the investigating, recommending, and enforcement agent
of the Board and its chairman is the Secretary of Health.088
In 1915 the county commissioners were authorized, with the approval
of the grand jury and the court of quarter sessions, to construct and main-
tain sewers and sewage disposal plants. Several counties may, with the
permission of the courts of quarter session, form sewage districts, but
must respect the topography of the counties and the course of natural drain-
age.'"0, The county commissioners may also appropriate funds for flood
control.670
Agriculture. Beginning with the year 1914 many counties created County
Extension Associations in pursuance of the Federal Smith-Lever Act which
provided for agriculture extension work.671 The responsibility for the ad-
ministration of funds for this purpose is vested in an agricultural college
in cooperation with the United States Department of Agriculture. In addi-
tion to the direct appropriation, the State or county may by matching funds
avail itself of an additional appropriation.6'2 The Pennsylvania General
Assembly agreed in 1913 to accept the Federal legislation then pending in
Congress and authorized the county commissioners to appropriate a sum
not exceeding $1,500 annually for agricultural work. In 1931 this sum
1911 P.L. 309 sec. 615; 1911 P.L. 309 sec. 616 am. 1931 P.L. 243 sec. 15.
1911 P.L. 309 sec. 1124.
Ibid., sec. 1506.
608 Pennsylvania Manual, 1939, p. 546.
1915 P.L. 852 sec. 1; 1929 P.L. 1278 secs. 1001, 1002.
"70 1911 P.L. 260 secs. 1, 2; 1929 P.L. 1278 sec. 461.
1914, 38 U. S. Stat. 372 sec. 1 ch. 79.
” Ibid.
GOVERNMENT ORGANIZATION
87
was extended to $5,000.673 At present the counties doing this work con-
tribute varying sums towards its execution.
The commissioners may also provide offices for the association,674 which
in most counties are found in the courthouse. The chief administrative
officer is the county farm agent, an employee of The Pennsylvania State
College. The work of the association is primarily educational, and its object
is to instruct farmers and others on the best practices in agriculture. This
is accomplished through demonstration meetings, farm and home visits,
and pamphlets.
Keeping of Records. One of the most extensive functions of the county
is the keeping and indexing of records relating to private properties, taxes,
court procedure, wills, and many documentary facts relating to county and
local government. The important clerical offices include the prothonotary,
the clerk of the courts of quarter sessions, oyer and terminer and orphans’
court, the register of wills, the recorder of deeds, and the clerk of the county
commissioners. The prothonotary is in charge of records, documents, and
dockets arising out of the court of common pleas. The clerk of the courts
of quarter sessions and oyer and terminer is custodian of records relating
to various activities of the criminal courts. The register of wills and the
clerk of the orphans’ court record documents relating to the settlement of
estates. The chief clerk of the commissioners is in charge of the routine
management of the office of the county commissioners with its extensive
records relating to taxation, finance, elections, and other phases of general
county administration.
The necessity for keeping of records was recognized very early in Penn-
sylvania’s history. The Great Law of 1682 provided that the clerk of
the Sessions keep the record of the court in English.675
In 1791 the county commissioners, with the approbation of the court
of quarter sessions and of the grand jury, were directed to erect a build-
ing of brick or stone for holding courts and for the safekeeping of records
of the prothonotary, clerk of the court of quarter sessions, register of
wills and clerk of orphans’ court, and recorder of deeds.678 In 1827 the
judges of the court of common pleas were given the authority to super-
673 1913 P.L. 204 sec. 1 am. 1919 P.L. 90 rep. 1929 P.L. 1278 sec. 1051 but reen. in
sec. 444 am. 1931 P.L. 401 sec. 1.
374 1929 P.L. 1278 sec. 444 am. 1931 P.L. 401 sec. 1.
676 The Great Law in Charter to William Penn, p. 117.
676 1790, 2 Sm.L. 517.
88
COUNTY GOVERNMENT
vise the records kept by these clerical officers. The judges may direct the
preparation of indexes of all matters contained within their books and may
order the rebinding of those books and records which require it. Once a
year these officers are required to submit their books of records to the
judges for inspection."77
The judges’ direction over dockets, records, and indexes was later ex-
tended in 1839 when they were required to ascertain whether the records,
books, indexes, and files of all court clerks were kept as the law contem-
plated; and if neglect were apparent, to direct the correction of any de-
ficiency.G7S
Again in 1891 they were empowered to alter the mode of preparing the
indexes,670 and to direct the preparation of new indexes."80 In 1893 all in-
struments in a foreign language were declared acceptable for filing
only if accompanied by a sworn translation. 681 Whenever a trans-
cription of faded and worn records is made by order of the court, the
proper officer must certify that it is the true copy of the original record."82
The books required of the clerical officers and all other officials must be
supplied by the commissioners at the cost of the county.688 In 1937 county
officials were authorized to record any document by photostatic, photo-
graphic, or other mechanical device.684
The laws of Pennsylvania do not specify that any particular accounting
system be adopted in the keeping of county financial records. In 1935,
however, the Department of Internal Affairs of the Commonwealth was
given power to prescribe uniform budget and annual report forms for
counties.085
There are certain general statutory provisions concerning county rec-
ords. Whenever a county has been divided and from it a new county
077 1S27 P.L. 154 sec. 4.
073 1839 P.L. 6 76 sec. 1 Res. 8.
670 1878 P.L. 43 sup. 1891 P.L. 129 sec. 1.
630 1891 P.L. 129 secs. 2, 4.
481 1893 P.L. 188 No. 137 sec. 1 rep. as to orphans’ court 1917 P.L. 363 sec. 24 but
reen. in sec. 8 ( b, 3) and as to wills 1917 P.L. 415 sec. 26 but reen. in sec. 12(a).
raa 1827 P.L. 154 secs. 1, 2; 1879 P.L. 136 No. 139 sec. 1.
333 1929 P.L. 1278 sec. 57.
“4 1937 P.L. 739 No. 199 sec. 1.
4,5 1929 P.L. 1278 sec. 370 added 1935 P.L. 1184 sec. 3.
GOVERNMENT ORGANIZATION
80
formed, all mortgages, judgments, verdicts, orders, and all records affect-
ing lands in the new county but made in the original county may be copied
and certified by the register of wills, the recorder of deeds, the prothono-
tary, the clerk of the court of quarter sessions and oyer and terminer, or
other officer, and entered by the same officer in the new county as part of
the records of his office.686 All newly elected county officials are required
to receive records and documents belonging to their office from their pre-
decessors, and any officer refusing to surrender these records and docu-
ments is guilty of a misdemeanor, and is required to pay a fine of $100
or to undergo imprisonment.687 The county commissioners, treasurer,
sheriff, register of wills, clerk of orphans’ court, recorder of deeds, pro-
thonotary, clerk of the court of quarter sessions and oyer and terminer,
controller, and district attorney are required to keep public records at the
county seat, under a penalty of $500. 688 The minute books and other fiscal
records and documents are open to the inspection of every taxpayer. In
case any county officer should refuse to allow inspection, the taxpayer may,
upon court order, be permitted to examine the records.689
686 1901 P.L. 138 sec. 1.
681 1804 P.L. 488 secs. 1-3 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 58.
688 1834 P.L. 537 sec. 12 reP. 1929 P.L. 1278 sec. 1051 but reen. in sec. 56.
889 1929 P.L. 1278 sec. Ill added 1935 P.L. 730 sec. 1.
CHART OF PENNSYLVANIA COUNTY GOVERMENT
1701
CHART BASED ON THE CHARTER OF THE PRIVILEGES OF 1701
90
COUNTY GOVERNMENT
v-maki Uf KtNNbYLVANIA COUNTY GOVERNMENT
GOVERNMENT ORGANIZATION
91
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CONSTITUTIONAL
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INDEFINITE TENURE
CHART OF PENNSYLVANIA COUNTY GOVERNMENT
COUNTY GOVERNMENT
92
THESE OrriCES WERE HELD in VARYING COMBINATIONS in the DIFFERENT COUNTIES
THIS APPOINTMENT REQUiREO COURT APPROVAL
OOU0LE THE NUMBER Or APPOINTEES FOR EACH OFFICE ELECTEO BY THE FREEMEN
ONi PERSON FOR EACH OFPiCE CHOSEN BY THE GOVERNOR.
GOVERNMENT ORGANIZATION
93
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CONSTITUTIONAL
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INDEFINITE TENURE
THESE OrriCES WERE HELD IN VARYING COMBINATIONS IN THC DIFFERENT COUNTIES.
THIS APPOINTMENT REQUIRED COURT APPROVAL DID NOT EXIST IN EVERY COUNTY
CHART OF PENNSYLVANIA COUNTY GOVERNMENT
1874
94
COUNTY GOVERNMENT
GOVERNMENT ORGANIZATION
95
II
board of County Commissioners
Evolution and Structural Organization. The Duke of York's laws, which
were extended to the valley of the Delaware in 1676,1 vested much of the
local legislative, administrative, and judicial power in the courts.2 3 The
assessing and collecting of taxes, however, were done by the authorities of
the individual parishes or towns. Assessments were made by the constable,
the chief officer of the parish, aided by eight elected “overseers of the
towne. •* I he assessment of each town or parish was certified to the
justices who were empowered to reduce the assessment of any person
whose property was apparently assessed too highly.4 5 * Taxes were collected
by the constable. 0 Another function of the constable and overseers was the
payment of bounties on wolves.0
By the system set up under the proprietary government, these functions
were assigned to the county rather than the smaller political divisions.
Most of the governmental powers were vested in the “county court,”
which, in addition to its judicial duties, performed a number of admin-
istrative and executive functions. It levied the county taxes,7 * * supervised
the erection of county buildings a and the laying out of roads,0 took care
of the poor of the county,10 and paid bounties for the destruction of
wolves.11
After 1696 the justices received aid in many duties concerned with the
defraying of "the necessary charge in each count}', for the support of the
' Charter to William Penn, p. 455.
3 Ibid., p. 457.
: Duke of York’s Book of Laws, 1664, in Charter to William Penn, pp. 9, 22, 44, 48.
'Ibid., p. 10.
5 Ibid., p. 49.
'Ibid., p. 52.
7 Laws of the Assembly, 1685, in Charter to William Penn, ch. CXXVII, pp. 146,
147.
'Ibid., ch. Cl, pp. 139, 140.
‘ Ibid., ch. LXXXIX, p. 136.
The Body of Laws, December 7, 1682, in Charter to William Penn, ch. XXXII,
p. 115.
Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 134 ch.
LXXX\ I ; Laws of the Assembly, May 10, 1690, in Charter to William Penn, ch.
CXCIII, p. 183.
96
COUNTY COMMISSIONERS
97
poor, building or repairing of prisons, paying for salaries belonging to the
Council & Assembly, paying for wolfs heads, The judges expenses, &
all just Debts, with many other necessary charges.” In every county six
assessors were to be elected at the usual time and place for choosing the
members of the Assembly. These assessors and the grand jury helped the
justices in the work of levying and collecting taxes.12
The office of county commissioner was created in 1711 to take over
from the court some of the duties concerned with taxation. The Assembly
appointed three commissioners in each county to serve until the next ses-
sion.13 From that year until 1722, appointed county commissioners were
always provided for by statute, although the number of members in the
counties varied between three and five, with Philadelphia sometimes having
more commissioners than Bucks and Chester, the only other counties in
existence at the time.14 The law of 1722 and the one replacing it 3 years
later made the office of commissioner permanent and elective with a 3-year
term. Since that time boards of county commissioners have always con-
sisted of three members.13 The terms of office, however, was increased to
4 years by a constitutional amendment of 1909. 10 From time to time the
county commissioners have been given additional duties which originally
belonged to the court; they have received so many responsibilities that
they now are the most important administrative body in the county. Al-
though the office was mentioned in the Constitution of 1776, 17 it did not
acquire full constitutional status until 1874.18
A county commissioner must have held citizenship and residence in the
county for at least a year before his election.19 Until 1874 the commission-
ers had overlapping terms of office with one commissioner replaced every
year.20 At present the entire board is elected every 4 years. Each elector
12 The Frame of the Government, October 26, 1696, in Charter ot William Penn,
pp. 256-259; Laws of the Assembly, May 10, 1699, in Charter to William Penn, pp. 280-
282; 1700, II St. at L. 34 secs. 1, 2.
13 1710-11, II St. at L. 369 sec. 1.
14 1710-11, II St. at L. 372; 1712-13, III St. at L. 3; 1715, III St. at L. 83; 1717,
III St. at L. 128; 1717-18, III St. at L. 175.
15 1722, III St. at L. 295 secs. 1-3; 1724-25, IV St. at L. 10 sec. 2.
19 Const., art. XIV, sec. 7 as am. 1909; 1929 P.L. 1278 sec. 101.
11 Const, of 1776, ch. II, sec. 31.
18 Const., art. XIV, sec. 1.
19 Ibid ., sec. 3.
29 1722, III St. at L. 295 sec. 3; 1724-25, IV St. at L. 10 sec. 2; 1732, IV St. at L.
234 sec. 1; Const, of 1776, ch. II, sec. 31; 1799, 3 Sm.L. 393 sec. 2; 1834 P.L. 537
sec. 15.
98
COUNTY GOVERNMENT
votes for two candidates only,21 thus providing for representation of
the minority party. County commissioners may be reelected. Vacancies,
formerly filled by the remaining commissioners and the court of quarter
sessions 22 are now filled by the court alone. The appointee must have
voted for the commissioner whom he replaces.23 Before any county com-
missioner may assume office, he must take an oath 24 which is filed with
the prothonotary.23 Each commissioner gives a bond, the amount of which
is fixed by the court of common pleas at not less than $2,000. Commission-
ers’ bonds are kept by the controller or by the prothonotary if the county
has no controller.20 At first the county commissioners were paid on a
per diem basis for days actually spent in official duties.27 Now these officers
receive annual salaries ranging from $500 a year in counties with a popu-
lation of less than 20,000 to $6,000 a year in third-class counties.28 The
county also pays any expenses “necessarily incurred and actually paid in
the discharge of their official duties.” 29
Powers and Duties. The corporate power of the county is vested in the
commissioners,30 any two of whom constitute a quorum.31 The county
21 Const., art. XIV, sec. 7 as am. 1909; 1929 P.L. 1278 sec. 101.
22 1834 P.L. 537 sec. 16 sup. Const., art. XIV, sec. 2 and rep. 1929 P.L. 1278 sec.
1051. Prior to 1834 vacancies were filled by the court of common pleas until the next
general election, 1799, 3 Sm.L. 393 sec. 2.
23 Const., art. XIV, sec. 7 as am. 1909; 1929 P.L. 1278 sec. 101. (See: A Digest of
the Statute Law of Pennsylvania for the Year ign, p. 743; Pardon’s Annotated
Statutes, Const., p. 44, Title 16, p. 436) ; Commonwealth v. Wise, 216 Pa. 152 (1907).
24 1799, 3 Sm.L. 393 see. 3 sup. 1834 P.L. 537 sec. 17 sup. Const., art. VII, sec. 1;
1929 P.L. 1278 sec. 53.
22 Between 1834 and 1874 this oath was filed with the clerk of the court of quarter
sessions, 1834 P.L. 537 sec. 17 sup. Const, art. VII, sec. 1 rep. 1929 P.L. 1278 sec. 1051.
24 1878 P.L. 118 No. 149 rep. 1929 P.L. 1278 sec. 1051; 1929 P.L. 1278 sec. 54 am.
1933 P.L. 946 No. 182; 1929 P.L. 1278 sec. 102.
27 1712-13, III St. at L. 3 sec. 8; 1724-25, IV St. at L. 10 sec. 12; 1799, 3 Sm.L.
393 sec. 22; 1834 P.L. 537 sec. 26 rep. 1929 P.L. 1278 sec. 1051 ; 1889 P.L. 109 sec. 1
rep. 1929 P.L. 29 No. 26. (There are also numerous special laws which fixed the
compensation of the commissioners of certain counties. 1905 P.L. 167 sec. 2 rep. all
inconsistent general and special laws.)
“EOS P.L. 167 sec. 1 am. 1911 P.L. 894 further am. 1915 P.L. 936 rep. 1917 P.L.
570 sec. 4; 1917 P.L. 570 sec. 1 ; 1927 P.L. 403.
22 1929 P.L. 1278 sec. 108.
*° 1834 P.L. 537 sec. 4 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 23.
21 1710-11, II St. at L. 369 sec. 1 ; 1715, III St. at L. 83 sec. 2; 1717-18, III St. at L.
175 sec. 2; 1799, 3 Sm.L. 393 sec. 15; 1834 P.L. 537 sec. 19 rep. 1929 P.L. 1278 sec
1051 but reen. in sec. 105.
COUNTY COMMISSIONERS
99
seal is in their32 custody and is affixed to all their official documents.83
They may sue and be sued on behalf of the county.34 The county com-
missioners hold title to all real estate vested in the county,35 and they
may sell or release any of it on petition to the court of common pleas,
which fixes a hearing date.36 In seventh-class counties the commissioners
are allowed to sell any property given to the county and reinvest the pro-
ceeds without court approval.37 County commissioners may perform only
those duties given to them by law.38 In the performance of these duties
they 39 and their clerk 40 may administer oaths.
Many of the powers and duties of the county commissioners are still
concerned with their original function, aiding the assessors and levying
and collecting taxes. In 1780 the office of county assessor was abolished and
his powers and duties were transferred to the commissioners. Numerous
laws have been passed providing that local assessors be elected in each
borough and township,41 and at present assessors in all but first, second,
and third-class counties are elected in each political subdivision.42 In third-
class counties assessors are chosen by the board for the assessment and re-
vision of taxes 43 which itself is named by the county commissioners.44 A
law of 1937 vesting its appointment in the State Auditor General has been
32 Laws of the Assembly, 1683, in Charter to William Penn, p. 132; The Petition of
Right, 1693, in Charter to William Penn, ch. XLV, p. 206; 1705-6, II St. at L. 240.
33 1834 P.L. 537 sec. 8 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 24.
34 1834 P.L. 537 sec. 8 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 1031.
85 1929 P.L. 1278 sec. 551 am. 1937 P.L. 328 sec. 1.
36 1874 P.L. 154 rep. 1929 P.L. 1278 sec. 1051 ; 1891 P.L. 168 No. 165 rep. 1929 P.L.
1278 sec. 1051 ; 1929 P.L. 1278 sec. 676 am. 1937 P.L. 328 sec. 2; 1929 P.L. 1278 sec.
676 am. 1937 P.L. 328 sec. 3.
87 1929 P.L. 607 No. 247.
83 Close v. Bucks County, 2 Woodward 453 (1874).
80 1715, III St. at L. 83 sec. 1; 1717-18, III St. at L. 175 sec. 4; 1811, 2 Sm.L. 218
sup. 1834 P.L. 537 sec. 25 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 107.
10 1929 P.L. 1278 sec. 110.
41 1760, VI St. at L. 3 sec. 3 ; 1764, VI St. at L. 344 sec. 3 ; 1779, IX St. at L. 443
sec. 2; 1795, XV St. at L. 322 secs. 1, 2; 1799, 3 Sm.L. 393 sec. 4; 1835 P.L. 46 sec. 8;
1851 P.L. 325 sec. 601.
48 1889 P.L. 7 am. 1889 P.L. 133 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 301.
(Prior to 1933 the city councils of third-class cities selected the assessors, 1913 P.L.
568 No. 367 art. XV sec. 1 rep. 1931 P.L. 932 sec. 4701 but reen. in sec. 2501 rep. 1933
P.L. 853 sec. 602.)
48 1931 P.L. 1379 sec. 4; 1933 P.L. 853 sec. 102.
44 1931 P.L. 1379 sec. 1 rep. 1937 P.L. 939 No. 256 sec. 4.
100
COUNTY GOVERNMENT
declared unconstitutional.43 All assessors are paid by the county,48 even
though their duties include the making of State assessments.47 Assessments
were at first prepared by the assessors from inventories sent in by tax-
payers,43 but now they are made after personal visits by the assessors.
The duties of the commissioners insofar as the levying of taxes is con-
cerned vary from county to county. In those counties without a controller,
including most of the sixth, seventh, and eighth classes, the commissioners
annually make an estimate of the probable expenditures of the county
during the year to come. On this basis they levy the taxes.49 In counties
having a controller, he prepares the budget which must be approved by the
commissioners.50 In all counties the budget is finally adopted by the com-
missioners only alter it has been available for public inspection for 20 days.
Within 15 days after its adoption, a copy must be filed in the office of the
Department of Internal Affairs. During any year the county may not
spend more than the total amount indicated in the budget, but during the
last 9 months of the year they may transfer any “unencumbered balance”
from one spending agency to another.51 The commissioners fix the tax
rate for the county when the returns from the assessors have been made
and revised.52 The law forbids a higher tax rate for general county pur-
poses than 10 mills on each dollar of the assessed valuation of real and
personal property.53 In order to meet the running expenses of the county,
the commissioners may borrow money secured by the current unpaid taxes.
All such loans must be repaid within a year.54
Every 3 years a complete assessment is made of all property within the
county ; in other years the assessors appraise all property on which a great
15 1937 P.L. 939 No. 256 secs. 1, 2 declared unconstitutional 327 Pa. 148.
10 1923 P.L. 1040 sec. 4 am. 1927 P.L. 304 rep. 1933 P.L. 853 sec. 601; 1931 P.L.
1379 sec. 4; 1933 P.L. 853 sec. 305 am. 1935 P.L. 670 No. 251 further am. 1935 P.L.
694 No. 265; 1933 P.L. 853 secs. 306-308; 1933 P.L. 910 sec. 1 am. 1935 P.L. 670
No. 250 further am. 1935 P.L. 694 No. 264.
47 1846 P.L. 486 sec. 2.
43 1724-25, IV St. at L. 10 sec. 4.
43 1717-18, III St. at L. 175 sec. 2; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L. 509 sec.
1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 361 am. 1935 P.L. 1184 sec. 2.
50 1929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2.
SI 1935 P.L. 1184 sec. 3.
02 1929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2; 1929 P.L. 1278 sec. 361 am.
1935 P.L. 1184 sec. 2.
53 1929 P.L. 1278 sec. 371 am. 1937 P.L. 942 sec. 1.
M 1929 P.L. 1278 sec. 371.1 added 1931 P.L. 401 sec. 11; Commissioners of Schuyl-
kill County v. Snyder, 20 Pa. C.C. 649 (1896).
COUNTY COMMISSIONERS
101
change in value has occurred since the preceding triennial assessment.53
At first the county was divided into assessment districts by the county
assessor,56 then by the assessor and commissioners.57 At present, assess-
ment districts must he co-extensive with political subdivisions, except in
third-class counties. 5S The commissioners issue precepts for assessments
and receive returns except in third-class counties where these functions
belong to the board for the assessment and revision of taxes.59 In all coun-
ties except those of the third class the commissioners examine the returns
with the assessors and rectify any apparent errors in them.60 They form
a board of revision to hear appeals from persons dissatisfied with the ap-
praisement of their property.61 The commissioners of fourth-class coun-
ties may appoint “competent persons, resident freeholders,” and other
assistants to help them in the revision of assessments.62 The county com-
missioners may also name interpreters to aid the assessors in their work.63
In third-class counties all of these duties belong to the board for the assess-
ment and revision of taxes.64 The commissioners of such counties may
prepare for the board any maps and surveys which are necessary to secure
an accurate assessment.65 Vacancies in the office of elected assessor are
filled by the commissioners when such vacancies are not otherwise filled.66
65 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L. 509 sec. 2 rep. 1933 P.L. 853 sec. 601 but
reen. in secs. 401, 431 ; 1849 P.L. 570 sec. 34 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 431; Pennsylvania Stove Company’s Appeal, 23 Dist. 399 (1914).
66 1715, III St. at L. 83 sec. 2; 1724-25, IV St. at L. 10 sec. 7.
67 1757-58, V St. at L. 337 sec. 5; 1759, V St. at L. 379 sec. 4; 1760, VI St. at L.
3 sec. 4; 1764, VI St. at L. 344 sec. 4.
68 1931 P.L. 1379 sec. 4; 1933 P.L. 853 sec. 301.
69 1933 P.L. 853 secs. 401, 431. In 1943 a board of assessment and revision of taxes,
consisting of the commissioners ex officio, was created in fourth- to eighth-class coun-
ties, to carry out all assessment functions. See Appendix D.
60 1834 P.L. 509 sec. 6 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 508; 1841 P.L.
393 sec. 6 rep. 1933 P.L. 853 sec. 601.
61 1710, II St. at L. 372 sec. 3 (at this time the assessors aided the commissioners in
hearing appeals) ; 1715, III St. at L. 83 sec. 2; 1724-25, IV St. at L. 10 sec. 7; 1799,
3 Sm.L. 393 secs. 8, 9 sup. 1834 P.L. 509 secs. 8-10 rep. 1933 P.L. 853 sec. 601 but
reen. in secs. 501-510.
62 1929 P.L. 1712 sec. 2 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 506.
63 1915 P.L. 695 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 309. (The 1915 act
applied only to counties with more than 200,000 population. The present act applies
to counties of the fourth to eighth classes.)
64 1931 P.L. 1379 secs. 4 19.
65 Ibid., sec. 17.
88 1757-58, V St. at L. 337 sec. 8; 1760, VI St. at L. 3 sec. 7; 1897 P.L. 39 No. 33
rep. 1933 P.L. 853 sec. 601 but reen. in sec. 304.
102
COUNTY GOVERNMENT
Under the Duke of York's laws taxes were collected by town constables.87
Later tax collectors were appointed by the assessors.08 After the establish-
ment of the office of county commissioner, the commissioners and asses-
sors together sometimes appointed tax collectors, but at other times the
assessors alone continued to do so.09 From 1780 until 1799 tax collectors
were selected by the commissioners alone;70 between 1799 and 1885 the
commissioners appointed the tax collectors, choosing one of two nominees
presented by the local assessors.71 Since 1885 tax collectors have been
elected in all the boroughs and townships of the State,72 except in first-class
townships, where the township treasurer acts as tax collector.73 In third-
class cities the city treasurer is ex officio tax collector.74 Whenever a
vacancy in the office of township tax collector remains unfilled, the county
commissioners may appoint someone to serve out the unexpired term. If
no resident of the township is available, the county treasurer is named tax
collector.75
Formerly the commissioners were permitted to have the property of
delinquent tax collectors sold,76 but since 1834, tax collectors’ bonds and
the sale of property on which taxes are unpaid have taken care of this.77
County commissioners may take measures to have negligent assessors and
tax collectors fined.78 On petition of 500 taxpayers the commissioners may
change the dates after which reduction of taxes for prompt payment can-
67 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 49.
83 Laws of the Assembly, May 15, 1693, October 26, 1696, and May 10, 1699, in
Charter to William Penn, pp. 222, 254, 281; 1700, II St. at L. 34 sec. 2
80 1710-11, II St. at L. 372 sec. 2; 1711, II St. at L. 388 sec. 2; 1715, III St. at L.
83 sec. 2; 1717-18, III St. at L. 175 sec. 5; 1724-25, IV St. at L. 10 sec. 7.
70 1780, IX St. at L. 238 sec. 6.
71 1799, 3 Sm. L. 393 sec. 10 sup. 1834 P. L. 509 sec. 17 rep. 1885 P. L. 187 sec. 13;
1856 P. L. sec. 1. rep. 1885 P. L. 187 sec. 13.
72 1885 P. L. 187 sec. 1 ; 1893 P. L. 333 No. 273; 1927 P. L. 519 sec. 850; 1933 P. L.
103 sec. 414.
73 1931 P. L. 1206 sec. 805.
74 1931 P. L. 932 sec. 2556 am. 1935 P. L. 363 sec. 1 further am. 1935 P. L. 719
further am. 1937 P. L. 2641 further am. 1939 P. L. 153 sec. 1.
75 1933 P. L. 103 sec. 423 am. 1935 P. L. 1205.
" 1715, III St. at L. 83 sec. 5; 1717, III St. at L. 127 sec. 5; 1724-25, IV St. at L.
175 sec. 10; 1799, 3 Sm. L. 393 sec. 19.
77 1834 P. L. 509 secs. 19-21 ; 1891 P. L. 212 No. 185.
78 1710-11, II St. at L. 369 sec. 4; 1715 III St. at L. 83 sec. 7; 1799, 3 Sm. L. 393
sec. 23 sup. 1834 P. L. 509 sec. 24 rep. 1933 P. L. 853 sec. 601 but reen. in sec. 310.
COUNTY COMMISSIONERS
103
not be made.79 The commissioners are empowered to refund any taxes
and license fees erroneously paid to the county 80 and to appraise the per-
sonal property of anyone neglecting to file a return. In the latter case they
add 50 percent to their appraisal.81
From 1769 to 1795 the commissioners were empowered to sell unim-
proved land on which taxes were not paid.82 Since 1809 the treasurer has
sold property for delinquent taxes. 83 When a property offered for sale
fails to find a purchaser the county commissioners pay the taxes and hold
it themselves. If it has not been redeemed by the original owner within
2 years the commissioners sell it at a public sale, giving a deed to the pur-
chaser.84 The property may be sold at a private sale with the approval
of the court of common pleas.85 With similar court approval the com-
missioners may make an agreement with the former owner or his heirs to
accept less than the whole amount due. The proceeds are then distributed
in proportion to the claims of the taxing authorities concerned.80 Before
selling any unredeemed land, the commissioners must offer it to the De-
partment of Forests and Waters and to the Board of Game Commissioners.
If these agencies want the land they buy it for an amount equal to the
taxes due for not more than 5 years, plus the interest on that amount.87
At their discretion the commissioners may use unredeemed lands taken
over for taxes as sites for county forests.88
Prior to 1718 all money spent by the county was paid by the treasurer
on orders of the assessors and justices of the peace, but in that year pro-
vision was made for the commissioners to replace the justices in the per-
formance of that duty.89 Since 1780 the treasurer, at that time an ap-
79 1885 P. L. 204 secs. 1, 2.
80 1834 P. L. 509 sec. 48; 1929 P. L. 1656 No. 518 am. 1935 P. L. 1210 rep. 1937
P. L. 786 sec. 3 ; 1937 P. L. 786 secs. 1, 2.
81 1913 P. L. 507 sec. 5 am. 1923 P. L. 474 No. 260 further am. 1927 P. L. 985 No.
476 further am. 1931 P. L. 544.
82 1769, VII St. at L. 306 sec. 1 ; 1795, XV St. at L. 322 sec. 10 and 1804 P. L. 517
gave this power to the sheriff.
83 1809, 5 Sm. L. 73 sec. 1 ; 1815, 6 Sm. L. 299 sec. 2.
84 1815 P. L. 177, 6 Sm. L. 268 sec. 3 am. 1889 P. L. 141 ; 1931 P. L. 280 sec. 16 am.
1939 P. L. 498 sec. 8; 1931 P. L. 280 sec. 17 am. 1939 P. L. 498 sec. 18.
85 1933 P. L. 1019 am. 1935 P. L. 1168 No. 378.
86 1933 P. L. 1018 sec. 1 am. 1935 P. L. 1122; 1933 P. L. 1018 secs. 2, 3.
87 1897 P. L. 11 secs. 1, 2 (sec. 2 am. 1899 P. L. 98) sup. 1915 P. L. 140 sec. 1 am.
1933 P. L. 943; 1915 P. L. 140 sec. 2 am. 1933 P. L. 943 further am. 1937 P. L. 199.
88 1933 P. L. 35 sec. 2.
89 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 4.
104
COUNTY GOVERNMENT
pointee of the commissioners,00 has paid out all money on warrants of the
county commissioners.91 In every county with a controller, however, no
warrant may be drawn until the bill or claim which it proposes to pay has
been examined, approved, and certified by the controller, who then counter-
signs the warrant.02 The commissioners of third-class counties select one
or more depositories for all county funds. These depositories must furnish
a bond in the amount determined by the commissioners.83
All contracts involving expenditures of county funds are awarded by
the county commissioners.94 It is a misdemeanor, punishable by fine and
removal from office if convicted, for the commissioners to be financially
interested in such a contract.95 In counties with a controller all contracts
over $100 except those concerned with bridge repairs must be in writing
and filed with the controller. All over $300 must be awarded to the lowest
and best bidder.98
The commissioners appropriate all money for county use either from
the general county funds which are secured from the taxes they levy, by
levying an additional tax allowed by law for certain purposes, or by bor-
rowing money within the legal limitations. For example, the salaries of
county officers are paid from the general fund ; roads may be built with
the proceeds of a special road tax ; and money may be borrowed and bonds
issued to build a new courthouse. Prior to 1874 the legislature often passed
special laws permitting a certain county to borrow or to levy a special tax
or to use some of the county funds in various ways not generally permitted.
These special laws were so varied that it is desirable to examine a few
examples. In 1844 the commissioners of Berks County were authorized
00 Before 1780 the treasurer was appointed by the commissioners and the assessors.
The assessors were abolished in 1780 and the commissioners alone appointed the
treasurer until 1841 when he became an elective official. 1710-11, II St. at L. 372 sec.
2; 1711, II St. at L. 388 sec. 2; 1724-25, IV St. at L. 10 sec. 13; 1780, X St. at L. 238
sec. 6; 1799, 3 Sm. L. 393 sec. 13 sup. 1834 P. L. 537 sec. 27 sup. 1841 P. L. 400 sec.
1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 141.
01 1780, X St. at L. 238 sec. 6; 1799, 3 Sm. L. 393 sec. 14 sup. 1834 P. L. 537 sec.
37 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 362.
M 1929 P. L. 1278 secs. 349-351.
08 1929 P. L. 1278 sec. 408 added 1933 P. L. 954 No. 189 sec. 2.
"‘1929 P. L. 1278 sec. 22; Warren-Ehret Company v. Luzerne County Commis-
sioners, 15 Luz. L. Reg. Rep. 267 (1910) ; McGovern v. Armstrong, 75 Pa. L. J.
373 (1927).
05 1806 P. L. 548, 4 Sm. L. 324 sup. 1834 P. L. 537 sec. 43 rep. 1929 P. L. 1278 sec.
1051 but reen. in sec. 64.
80 1929 P. L. 1278 sec. 348 am. 1935 P. L. 143.
COUNTY COMMISSIONERS
105
to subscribe to stock in the Birdsboro Bridge Company and to vote at the
directors’ meetings.97 Special permission was given to the Greene County
commissioners to support agricultural societies.98 The commissioners of
Lancaster County were authorized to purchase a certain bridge, erect toll
gates, and appoint a toll collector. The court was allowed to declare it a
free bridge when the purchase price of the bridge was returned to the
county in tolls.99 In Warren County the commissioners are given the addi-
tional title of “Commissioners of the Rouse estate,” and to this day they
act as administrators of the money left to the county by Henry R. Rouse.100
Most of these special laws, however, were only temporary in character, and
little trace of them remains today. Some of their provisions have since
been embodied in general laws.
County commissioners are required to provide money for some purposes,
while other appropriations are optional. The commissioners select and
buy all land for the public buildings of the county.101 Before constructing,
altering, or enlarging the county buildings, approval of the grand jury and
the court of quarter sessions must be secured,102 and the plans for such
buildings must be approved by the court.103 Thereafter the commissioners
are obliged to provide for the upkeep of the courthouse, jail, and other
county buildings,104 as well as the county roads 105 and bridges.108 When
the courthouse has been damaged they select another place for temporary
use.107 In fourth-class counties with the prison located at the county seat,
the commissioners may have a new jail built elsewhere. The old building-
may be removed or used for other purposes.108
97 1844 P. L. 131 No. 87 sec. 16.
98 1827 P. L. 320 No. 134; 1833 P. L. 82 No. 48.
09 1812 P. L. 178 sec. 5.
100 1862 P. L. 407.
101 1790, 2 Sm. L. 520 sec. 2; 1834 P. L. 537 sec. 10 rep. 1939 P. L. 1278 sec. 1051
but reen. in secs. 513-517, 566; 1929 P. L. 1278 sec. 518 am. 1931 P. L. 401 sec. 1.
102 1834 P. L. 537 sec. 11 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 552.
103 1895 P. L. 38 sec. 1 am. 1923 P. L. 1092 sec. 1 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 561.
104 1717-18, III St. at L. 175 sec. 2; 1929 P. L. 1278 sec. 552.
105 1929 P. L. 1278 sec. 874 am. 1937 P. L. 261.
109 1903 P. L. 228 No. 167 rep. 1929 P. L. 1278 sec. 1051 ; 1905 P. L. 81 No. 57 rep.
1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 sec. 901.
107 p_ p 32 sec i rep. 1929 p. L. 1278 sec. 1051 but reen. in sec. 552.
103 1921 P. L. 100 sec. 1 am. 1927 P. L. 423 rep. 1929 P. L. 1278 sec. 1051 but reen.
in sec. 570.
106
COUNTY GOVERNMENT
The commissioners must provide the salaries of county officers and the
office furnishings, supplies, heat, light, telephone, and janitor service for
each one whose office is located at the county seat.109 With the consent of
the grand jury and the court of quarter sessions they build county roads
and bridges which they thereafter maintain.110 They must provide a jury
wheel * 1 * 111 and all supplies and services needed for elections,112 including
voting machines for any political divisions deciding to use them.113
Various expenses connected with the maintenance of certain classes of
people must be paid by the county commissioners. They furnish all food,
clothing, and supplies used by the county prison 114 and the poorhouse.115
Separate accommodations for women jurors 116 and a separate room or
building for juvenile offenders awaiting trial must be provided.117 The
county pays for the maintenance of all inmates of the State penitentiaries,118
the State Industrial Home for Women,119 and the Huntingdon Industrial
School 120 who were convicted within the county. Whenever an inmate of
the Huntingdon institution 121 or the State Industrial Home for Women 122
is convicted of a new crime committed while serving sentence there, his
maintenance and the cost of the new trial must be paid by the county from
which he was originally sentenced. The county commissioners pay half the
expenses of children in homes of refuge 123 and the entire cost of main-
109 1889 P. L. 52 No. 54 am. 1895 P. L. 197 No. 120 further am. 1907 P. L. 308 sec.
1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 57 am. 1933 P. L. 992.
110 1732, IV St. at L. 234 sec. 3; 1799, 3 Sm. L. 393 sec. 24; 1836 P. L. 551 sec. 36
rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 secs. 701, 724, 871, 874.
111 1834 P. L. 333 secs. 81, 83.
112 1799, XVI St. at L. 163 secs. 3, 21, 23 rep. 1839 P.L. 519 sec. 174 but sup. in
1840 P. L. 683 sec. 7 rep. 1937 P. L. 1333 sec. 1901 but reen. in secs. 302, 305(a).
119 1929 P. L. 549 sec. 4 rep. 1937 P. L. 1333 sec. 1901 but reen. in secs. 1104, 1108.
114 1786, XII St. at L. 280 sec. 12; 1790, 2 Sm. L. 531 sec. 30.
115 1937 P. L. 2017 sec. 305.
110 1921 P. L. 384 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 554.
117 1901 P. L. 279 sec. 10 rep. 1903 P. L. 274 sec. 12; 1903 P. L. 137 No. 98 sec. 1
am. 1913 P. L. 870 No. 420 sec. 1 rep. 1933 P. L. 1433 sec. 28 but reen. in sec. 7 ; 1929
P. L. 1278 sec. 555.
1,8 1829, 10 Sm. L. 431 sec. 9 sup. 1929 P. L. 694 sec. 1 ; Pennsylvania, Attorney
General, Official Opinions, vol. 1927-28, pp. 152-164, hereinafter cited as Attorney
General’s Opinion.
119 1913 P. L. 1311 sec. 25 am. 1929 P. L. 698.
1887 P. L. 63 sec. 17 am. 1929 P. L. 697. This school is now at White Hill.
121 1893 P. L. 280 sec. 1.
122 1913 P. L. 1311 secs. 22-24; sec. 24 am. 1929 P. L. 698.
123 1901 P. L. 158 sec. 1 sup. 1903 P. L. 83 No. 77 am. 1925 P. L. 156 No. 115
COUNTY COMMISSIONERS
107
tenance of children in the training school for delinquents at Morganza 124
and of indigent patients in tuberculosis sanatoria.425 They pay for the
burial of all indigent people of the county.125 Since 1901 they have had to
pay the expenses of a board of visitors which inspects all institutions re-
ceiving aid from the county.127
Prior to 1883 indigent insane persons were generally sent to the poor-
house, but in that year all places in which two or more insane persons were
detained were put under the supervision of the Board of Public Charities,128
the powers of which were later vested in the Department of Welfare.129
A law of 1883 provided that the expenses for the care and maintenance of
the indigent insane were to be divided between the State and the county in
which the patient had resided.130 A law of 1889 provided that the county
or poor district was responsible for the first $1.75 of the weekly expenses
of each patient and that the State should pay the remainder, which was
not, however, to exceed $2 a week. This system remained in force, although
the expense limits were raised, and in 1923 it began to apply to semi-State
as well as State institutions.131 Under this system the commissioners or
the authorities in charge of the poor district had to report to the Auditor
General four times a year concerning the number of indigent insane trans-
ferred to State hospitals from the county or district, mentioning the name
of the patient and the time for which he was cared for at the hospital. If
this report was not sent, the negligent county or poor district did not re-
ceive its share of the State appropriation.132 A law of 1895 provided that
the county was primarily liable but could recover any money expended
124 1929 P. L. 699.
'“1911 P. L. 623 secs. 1, 2 sup. 1929 P. L. 1278 sec. 442.
128 1883 P. L. 119 sec. 2 am. 1915 P. L. 479 further am. 1915 P. L. 506 sec. 2 further
am. 1919 P. L. 152 sec. 1 further am. 1921 P. L. 167 sec. 1 further am. 1937 P. L. 411
sec. 2 further am. 1939 P. L. 369.
127 1901 P. L. 279 sec. 18 rep. 1903 P. L. 274 sec. 12; 1903 P. L. 8 sec. 1 am. 1913
P. L. 452 sec. 2.
128 1883 P. L. 21 No. 18 sec. 1.
129 1921 P. L. 1144 sec. 32.
130 1883 P. L. 92 sec. 3 rep. 1889 P. L. 258 sec. 2.
131 1889 P. L. 258 secs. 1, 3 am. 1917 P. L. 72 sec. 1 further am. 1921 P. L. 132 No.
81 sec. 1 further am. 1923 P. L. 443 sec. 1 further am. 1925 P. L. 139 sec. 1 rep. 1938
(Sp. Sess.) P. L. 53 sec. 9 but continued in effect until May 31, 1941 by 1939 P. L.
195; 1923 P. L. 998 sec. 503; 1929 P. L. 707 No. 305.
132 1887 P. L. 282 No. 168; 1891 P. L. 144; 1893 P. L. 270 No. 238; 1889 P. L. 277;
1901 P. L. 676 No. 341; 1903 P. L. 130 No. 93; 1905 P. L. 102; 1907 P. L. 155.
108
COUNTY GOVERNMENT
from the persons concerned or the poor district.133 An act of 1938 as
amended a year later, provides that after June 1, 1941 all indigent mental
patients are to be cared for entirely at State expense in State-owned or
State-aided hospitals.134 The only exception occurs when a prisoner be-
comes insane. The county commissioners must then pay for his support
in a mental hospital for the period of his original sentence.133 The State
also cares for indigent mental defectives.130 Prior to 1903, the expenses for
the care of indigent inebriates in State hospitals were shared by the county
and State,137 but since that time inebriates in mental hospitals are under
the same provisions as other mental patients.138
Whenever the court of common pleas decides that any of the county
records are not in good condition, the county commissioners must pay to
have them copied.130 The commissioners are obliged to provide law books
for the district attorney 140 and rooms and supplies for certain judges.141
In counties with a population of less than 300,000, the commissioners must
have lists of the rules of court printed for the use of members of the bar.142
In most counties the commissioners are obliged to keep at the county
seat true standards of all the legal weights and measures. These must be
tested every 5 years.143 The county commissioners are required to have
the meridian line marked somewhere in the county so that all surveyors
can adjust their instruments by it.144
133 1895 P. L. 276 sec. 1 rep. as to insane prisoners, 1917 P. L. 678 sec. 2, which was
rep. by 1923 P. L. 994 sec. 704.
^ 1923 P. L. 998 sec. 503 am. 1938 (Sp. Sess.) P. L. 63 sec. 1 further am. 1939
P. L. 195.
135 1923 P. L. 998 sec. 507 am. 1937 P. L. 973 sec. 1.
130 1923 P. L. 998 sec. 309 am. 1937 P. L. 973 sec. 1 further am. 1938 (Sp. Sess.)
P. L. 63 sec. 1.
187 1915 P. L. 120 sec. 5 rep. 1923 P. L. 998 sec. 704.
138 1923 P. L. 998 secs. 315, 316.
130 1827 P.L. 154.
110 1929 P. L. 476 No. 193 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 250
added 1931 P. L. 401 sec. 9.
111 1929 P.L. 1278 sec. 556 am. 1931 P.L. 401 sec. 1.
142 1903 P. L. 222.
143 1700, 1 Sm.L. 18 sec. 1 sup. 1834 P.L. 524 secs. 9, 10; 1845 P.L. 443 secs. 2,
4 rep. as to Berks, Franklin, Lancaster, Bucks, Montgomery, Lehigh, Dauphin, and
Westmoreland counties, 1859 P. L. 198 sec. 1, again extended to Montgomery County,
1867 P. L. 233 and to Dauphin County, 1872 P. L. 121, rep. as to Lebanon, Adams,
Washington, Cumberland, and Perry Counties, 1860 P. L. 511, rep. as to York
County, 1858 P. L. 44.
144 1850 P. L. 595.
COUNTY COMMISSIONERS
109
The board of county commissioners has always had a number of duties
concerned with military affairs. Formerly it was in charge of preparing
the lists of those persons liable to military service, determining who were
exempt, and imposing and collecting a tax or fine for exemption.145 Its
present military functions are concerned chiefly with expenditures which it
may make. It is required to provide funerals for veterans 146 and the
widows of veterans 147 who die in the county, supply headstones for
veterans’ graves,148 finance the registration of such graves,349 buy new
flags for them every year,150 and see that they are kept in good order.151
Every year for Memorial Day the board must appropriate $50 to every
G.A.R. post in the county with the exception of those located in third-class
cities. Similar appropriations are made to organizations taking the place
of former G.A.R. posts. The money is used for grave decoration and if
more than 500 graves are cared for by one organization it receives $100. 152
The county commissioners likewise make appropriations to other veterans’
145 1777, IX St. at L. 49 ; 1777, IX St. at L. 124 sec. 1 ; 1799, XVI St. at L. 276 sec.
1 ; 1802 P. L. 207 sec. 1 ; 1822, 7 Sm. L. 607 sec. 71 ; 1849 P. L. 665 secs. 5, 6, 8, 10;
1858 P. L. 421 rep. 1887 P. L. 23 sec. 135; 1887 P. L. 23 secs. 111-120; 1899 P. L. 266
secs. 3-8 rep. 1921 P. L. 54 No. 27.
146 1885 P. L. 17 sec. 1 am. 1909 P. L. 152 sec. 1 further am. 1911 P. L. 875 sec. 1
rep. 1915 P. L. 870 sec. 8 but reen. in sec. 1 am. 1917 P. L. 77 No. 40 further am. 1919
P. L. 294 sec. 1 further am. 1919 P. L. 519 sec. 1 further am. 1921 P. L. 268 No. 134
sec. 1 further am. 1923 P. L. 971 sec. 1 sup. 1925 P. L. 676 am. 1929 P. L. 611 sec. 1
rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 422 am. 1933 P. L. 955 sec. 1 further
am. 1935 P. L. 683 sec. 2; 1929 P. L. 1278 secs. 424, 425; Long v. Centre County,
18 Dist. 717 (1908) ; Attorney General's Opinions, vol. 1923-24, pp. 393-395.
147 1915 P. L. 132 am. 1917 P. L. 78 No. 41 rep. 1923 P. L. 60 sec. 4. (The law of
1915 made this expenditure optional. The amendment of 1917 made it compulsory).
1923 P. L. 60 sec. 1 sup. 1925 P. L. 676 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen.
in sec. 423 am. 1933 P. L. 956 further am. 1935 P. L. 683 sec. 3.
148 1885 P. L. 17 sec. 4 rep. 1915 P. L. 870 sec. 8 but reen. in sec. 5 am. 1921 P. L.
473 sec. 5 am. 1923 P. L. 82 sec. 1 further am. 1923 P. L. 937 sec. 1 sup. 1925 P. L.
676 sec. 6 rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 sec. 426 am. 1931 P. L. 401
sec. 1 further am. 1933 P. L. 957 further am. 1935 P. L. 683 sec. 5 further am. 1939
P. L. 339 sec. 1 ; Attorney General’s Opinion’s, vol. 1895-96, p. 107.
149 1929 P. L. 609 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 439 added 1931
P. L. 401 sec. 16 am. 1935 P. L. 683 sec. 8 further am. 1937 P. L. 329.
160 1923 P. L. 88 No. 62 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 432 am.
1933 P. L. 955 sec. 2 further am. 1935 P. L. 683 sec. 7.
m 1929 P. L. 1278 sec. 428 added 1931 P. L. 401 sec. 15 am. 1935 P. L. 683 sec. 6.
152 1907 P. L. 22 sec. 1 am. 1917 P. L. 299 further am. 1921 P. L. 897 No. 313 sec. 1
further am. 1927 P. L. 812 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 430.
110
COUNTY GOVERNMENT
organizations for the same purpose.1133 During the Civil War special laws
authorized the commissioners of several of the counties to pay bounties
to men who enlisted in the Union Army.154
Another duty, once very important but now almost negligible so far as
the commissioners are concerned, is the payment of bounties for the de-
struction of undesirable birds and animals. It has already been noted that
this was a duty of the administrative authorities of the county even before
the office of commissioner was established ; the responsibility soon devolved
upon the commissioners.155 Since that time numerous laws have been passed
providing that anyone who killed any noxious animals such as wolves,
squirrels, panthers, wildcats, foxes, minks, weasels, hawks, and owls should
take the pelt to a justice of the peace and give affidavit as to the time and
place of killing the animal or bird. The justice mutilated the pelt in such
a way that it could not again be used to claim a bounty and gave the ap-
plicant a certificate entitling him to collect the premium set by law for
destroying the animal or bird.150 In addition to the general laws on the
subject, many counties had local laws to cover special situations. Beginning
in 1907 the State began to reimburse the counties for bounties paid on
wildcats, foxes, weasels, and minks.157 After 1915, the State paid bounties
directly,158 using for this purpose money secured from hunting license
fees.159
The last general law authorizing the county commissioners to pay
bounties remained on the statute books until 1927.160 Recently, however,
an exception has been made to the usual situation that the State alone pays
bounties. The county commissioners of sixth, seventh, and eighth-class
103 1929 P. L. 1278 sec. 431.
151 Some examples of these laws include 1864 P. L. 965 (Berks); 1864 P. L. 798
(Montgomery) ; 1864 P. L. 753 (Chester).
‘“1717-18, III St. at L. 175 sec. 3; 1724-25, IV St. at L. 10 sec. 5.
156 1748-49, V St. at L. 68 am. 1749-50, V St. at L. 97; 1779, IX St. at L. 402 sec. 3 :
1782, X St. at L. 460 rep. 1806, P.L. 411, 4 Sm.L. 288 sec. 2 sup. in sec. 1 am. 1907
P.L. 3, 4 Sm.L. 357 sup. 1819 P.L. 114, 7 Sm.L. 173 rep. in par. 1844 P.L. 190,
wholly rep. 1885 P. L. 141 sec. 5 reen. in am. form in secs. 1-4 rep. 1887 P. L. 116 sec.
2 reen. in am. form in sec. 1 am. 1889 P. L. 54 am. 1897 P. L. 233 sec. 5 rep. 1927
P. L. 776 No. 404.
157 1907 P.L. 60 sec. 1 sup. 1913 P.L. 1036 rep. 1915 P.L. 126 sec. 8.
168 1915 P. L. 126 secs. 1-4 rep. 1923 P. L. 359 sec. 1301, XXXVII but reen. in secs.
1001-1003 rep. 1937 P. L. 1225 sec. 1501, IV but reen in sec. 1101-1105.
'“1913 P. L. 85 sec. 12 am. 1917 P. L. 796 sec. 1 rep. 1923 P. L. 359 sec. 1301.
1927 P. L. 776 No. 404.
COUNTY COMMISSIONERS
111
counties may pay 50 cents for each porcupine killed within the county, and
$1 for every rattlesnake and copperhead.161
Before the Free School Act 162 was put into effect, the commissioners
had to pay for the education of all poor children of the county. In fact,
in a few places where that law was not accepted, this system continued in
effect until 1854 when a new Common School Act was passed. Under the
act of 1854 schools were supported by taxes levied by the school boards.103
At present the only educational expenses which must be paid by the county
are those concerned with the county teachers’ institute, the expenses of
which are taken from county funds.014 From 1911 until 1933 the county
also compensated the teachers for attending the institute, but now this ex-
pense is the responsibility of the local school districts.105 The commission-
ers are required to provide the county superintendent of schools with an
office, storage space, and various supplies.106
The compensation of owners of sheep and livestock destroyed by dogs
was formerly a duty of the county commissioners. In many counties special
laws passed in the early part of the nineteenth century required that a tax
be paid on each dog living in the county. The money thus realized was
known as the “dog fund” and was used to pay damages to owners of sheep
destroyed by dogs. In 1878 a general law was passed which contained
similar provisions. Each county without a special law on the subject was
permitted to vote whether to accept the provisions of the Dog Law of
1878.167 Under this law any money left in the dog fund at the end of the
year was given to the school funds of the individual boroughs and town-
ships in proportion to the dog tax collected in each municipality.188 A law
of 1889 made the assessment of dogs and the payment of damages in
counties without special laws a wholly municipal function.109 But in 1893
it again became a county responsibility when provisions similar to the 1878
101 1929 P. L. 1278 sec. 491.1 added 1937 P. L. 1190 sec. 1.
162 1834 P. L. 170 No. 102; 1836 P. L. 525.
1804, XVII St. at L. 720 ch. 2565 sec. 2 (in effect for 3 years) ; 1809, 5 Sm. L.
73; 1824 P. L. 137 sec. 67 rep. 1826 P. L. 52 and act of 1809 revived, sup. 1854
P. L. 617.
184 1911 P. L. 309 sec. 2102 am. 1933 P. L. 1152 sec. 12 further am. 1935 P. L. 1204.
165 1911 P. L. 309 sec. 2104 am. 1933 P. L. 1152 sec. 12. (Prior to 1911 the school
boards also paid this expense, 1887 P. L. 20).
166 1911 P. L. 309 sec. 1125 am. 1913 P. L. 129 No. 85.
107 1878 P. L. 198 No. 131 rep. 1917 P. L. 818 sec. 41.
188 1878 P. L. 198 No. 131 sec. 8.
180 1889 P. L. 222 rep. 1917 P. L. 818 sec. 41.
112
COUNTY GOVERNMENT
law were adopted. The act of 1893 was compulsory for all counties with-
out special laws, and money remaining in the dog fund at the end of the
year went into the general county funds.170 Since 1921, however, the State
through the county treasurers has collected the dog tax in all counties.
Damages to livestock and poultry and damages from the bite of a mad dog
are paid by the State Department of Agriculture 171 from the dog fund.172
A law of 1901 provided that in all counties with a population of less
than 150,000 the county commissioners should establish a law library to
be supported by one-half of the fines and forfeitures to which the county
is entitled.173 In 1903 the provisions of this act were extended to all coun-
ties.174 After a law library is set up, however, the commissioners have no
authority over it, for it is under the supervision of a committee of five
members of the bar appointed by the court.175 Since 1913 the commission-
ers have been required to appropriate additional money to the law library
as directed by the president judge.176 They may also make additional ap-
propriations for the library.177 Today fines and forfeitures are applied to
the law library in the proportion directed by the court.178
From 1907 until 1917 the county commissioners were obliged to pay to
the county agricultural associations definite amounts of money to cover
the prizes given at agricultural fairs.179 The State repaid to the commis-
sioners the money which they had expended.180 Since 1917 the State has
given this money directly to the associations.
170 1893 P. L. 136 No. 88 am. 1901 P. L. 92 further am. 1905 P. L. 28 further am.
1911 P. I.. 968 secs. 1, 2 further am. 1915 P. L. 791 rep. 1917 P. L. 818 sec. 41 reen.
as am. in secs. 4, 5, 15, 16, 28, 31, 34 rep. 1921 P. L. 522 sec. 43.
171 1921 P. L. 522 sec. 26 am. 1923 P. L. 16 sec. 2 further am. 1927 P. L. 833 sec. 12
further am. 1929 P. L. 1713 sec. 1 further am. 1931 P. L. 311 further am. 1933 P. L.
1036 sec. 2 further am. 1935 P. L. 219 sec. 4.
172 1921 P. L. 522 sec. 29 am. 1923 P. L. 16 sec. 5 further am. 1927 P. L. 833 sec. 14
further am. 1931 P. L. 311 sec. 2 further am. 1933 P. L. 1036 sec. 4 further am. 1935
P. L. 219 sec. 4.
173 1901 P. L. 165 secs. 1, 2.
174 1903 P. L. 53.
175 1901 P. L. 165 sec. 2; 1929 P. L. 1278 sec. 481.
170 1901 P. L. 165 sec. 2 am. 1913 P. L. 450 No. 299; 1929 P. L. 1278 sec. 481.
177 1929 P. L. 1278 sec. 482.
178 Ibid,., sec. 483 am. 1931 P.L. 401 sec. 1; 1923 P.L. 941 sec. 1 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 484.
170 1907 P. L. 702 am. 1911 P. L. 58 sec. 1 further am. 1913 P. L. 420 No. 279 rep.
1915 P. L. 1035 sec. 8 but reen. in sec. 1-7 rep. 1917 P. L. 1195 sec. 8.
180 1917 P. L. 1195 secs. 1-7.
COUNTY COMMISSIONERS
113
In addition to these things which the board of county commissioners are
required to provide for the county at large or for certain classes of its
people, there are numerous appropriations which they may make either at
their own discretion or at the bidding of the court, the grand jury, the
electorate, or a combination of these agencies. On its own responsibility
the board may levy a tax of not more than 2 mills on the dollar for road
construction and repairs 181 and may borrow up to 2 percent of the as-
sessed valuation of the county for the same purpose.182 It may take over
and maintain borough and township roads and bridges,183 rebuild destroyed
bridges, including those not originally county bridges,184 and aid in the
construction and repair of local roads and bridges.185 The board is allowed
to enter into contracts with the Department of Highways under which it
contributes money to the Department for the construction and improvement
of more mileage in the county than could be taken care of otherwise with
Commonwealth money. In such cases the Highway Department consults
with the commissioners concerning the roads to be improved.188 The com-
missioners are permitted to procure the right of way of any abandoned
railroad for future use as a road by the county.1S7
When the commissioners have been authorized to build a county bridge
they may construct a pedestrian bridge if they believe that such a structure
alone will care for all the needs of traffic in that location.188 They are
allowed to build dikes, causeways, banks, and sluiceways to protect a county
bridge from flood.1S9
181 1929 P. L. 1278 sec. 875 am. 1933 P. L. 959.
182 1901 P.L. 631 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 876 am. 1937 P.L.
942 sec. 3.
183 1891 P. L. 31 am. 1915 P. L. 639 further am. 1917 P. L. 807 rep. 1929 P. L. 1278
sec. 1051 ; 1897 P. L. 103 rep. 1929 P. L. 1278 sec. 1051 ; 1899 P. L. 91 rep. 1929 P. L.
1278 sec. 1051 ; 1903 P. L. 323 No. 253 rep. 1929 P. L. 1278 sec. 1051 ; 1909 P. L. 494
rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 secs. 757, 758, 831, 832, 903.
181 1897 P. L. 46 and 1881 P. L. 67 No. 71 am. 1891 P. L. 305 further am, 1895 P. L.
39; both acts rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 821, 822; 1929 P. L. 1278
sec. 732 am. 1937 P. L. 942 sec. 3.
isis 2379 p l. 146 sec. 1 am. 1887 P. L. 268 further am. 1903 P. L. 74 No. 72 further
am. 1911 P. L. 970 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 755 am. 1935
P. L. 1037; 1929 P. L. 1278 secs 951-958.
186 1929 P. L. 1052 secs. 2, 3.
187 1929 P. L. 1278 sec. 871.1 added 1931 P. L. 401 sec. 22.
188 1911 P. L. 1048 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 731.
189 1911 P.L. 19 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 717 am. 1931 P.L.
401 sec. 1.
114
COUNTY GOVERNMENT
County associations of township supervisors, commissioners, and other
persons concerned with the upkeep of roads have been formed since 1913.
The county commissioners may attend these meetings, but they are not
permitted to vote. Moreover, except in the case of first-class townships,
the county pays the limited expenses of the meeting.190
County commissioners may appropriate and borrow money for flood con-
trol work 191 and may aid subordinate political divisions in building sewers
and sewage treatment plants 102 and in constructing airports.193 They may
appropriate money for repairing, preserving, and maintaining any public
monument located within the county,194 and may join with the county seat
in the erection of a joint county and municipal building.195 Also in con-
junction with the county seat or any city or borough containing 10,000 or
more inhabitants, the commissioners may construct and maintain comfort
stations.196 They are permitted to install ornamental illumination for the
street on which the courthouse is located.197
The county commissioners are empowered to establish various recreation
facilities such as parks, playgrounds, and swimming pools. 19S Bonds may
be issued and an extra tax levied to finance the purchase of property to
be used for these purposes and for other expenses concerned with these
county recreation areas.199 Auditoriums and libraries may be set up by the
commissioners.200 They may provide a digest of the laws and court de-
11,0 1913 P. L. 159 No. 109 rep. 1917 P. L. 840 sec. 1500 but reen. in secs. 195-198
rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen. as am. in secs. 610-612;
the act of 1917 was rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in
secs. 601-604.
191 1911 P. L. 260 rep. 1929 P. L. 1278 sec. 1051 but reen. as am. in sec. 461.
m 1915 P. L. 852 rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 sec. 448 added 1931
P. L. 401 sec. 17.
103 1929 P. L. 1278 No. 446 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 493
added 1931 P. L. 401 sec. 18.
m 1915 P. L. 33 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 603.
195 1913 P. L. 96 sec. 1 am. 1915 P. L. 12 sec. 1; 1919 P. L. 130.
190 1915 P. L. 174 rep. 1929 P. L. 1278 sec. 1051 ; 1919 P. L. 761 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 580 am. 1931 P.L. 401 sec. 1 further am. 1937 P.L. 1622.
197 1925 P. L. 118 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 576.
193 1919 P. L. 784 No. 322 sec. 1 am. 1927 P. L. 56 sec. 1 further am. 1929 P. L.
1278 sec. 650 further am. 1935 P. L. 46 sec. 1.
199 1929 P. L. 1278 sec. 670 am. 1937 P. L. 942 sec. 1.
900 1917 P. L. 1143; 1925 P. L. 340 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs
605-608.
COUNTY COMMISSIONERS
115
cisions of Pennsylvania to be available at all reasonable times to justices
of the peace.201 The county commissioners may set up and manage a county
children’s home 202 or an industrial children’s home.203 They are permitted
to establish and maintain a school for children under the jurisdiction of the
juvenile court. Such schools are under the supervision of boards of man-
agers, appointed by the court of common pleas.204 A contagious disease
hospital may also be set up by the county commissioners.205 In third-class
counties the commissioners may contribute money to general hospitals to
which they send indigents suffering from contagious diseases. The money
may be used for the construction of better facilities for the treatment of
such illnesses.206 In addition, the county commissioners are authorized to
set up a county home for delinquent women 207 and to have additional build-
ings constructed on the almshouse grounds.208
A law of 1913 permitted any county to participate in the mothers’ as-
sistance plan if the commissioners appropriated an amount equal to that
contributed by the State.209 Subsequent laws providing for old age 210
and blind 211 pensions paid with State and Federal funds required that oper-
ating expenses be borne by the county commissioners. But since all of these
acts were repealed by the Public Assistance Law the county no longer pro-
vides for any part of the work.212
Various miscellaneous appropriations may be made by the county com-
missioners. For instance, they are allowed to appropriate a limited amount
201 1929 P. L. 1278 sec. 485.
202 1921 P. L. 489; 1921 P. L. 666 No. 281 am. 1931 P. L. 22 No. 21; 1929 P. L.
1278 secs. 611-614.
'03 1921 P. L. 1030. See essay on Homes for Dependent and Delinquent Children.
204 1917 P. L. 693. See essay on Homes for Dependent and Delinquent Children.
1917 P. L. 297 sec. 2 supp. 1925 P. L. 3 sec. 1 rep. 1929 P. L. 1278 sec. 1051
but reen. in secs. 617, 621; 1919 P.L. 255 sec. 1.
206 1939 P. L. 337.
207 1927 P. L. 24 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 635.
205 1929 P. L. 1278 sec. 615.
203 1913 P. L. 118 am. 1915 P. L. 1038 rep. 1919 P. L. 893 sec. 19 but reen. in secs.
1-18 am. 1923 P. L. 307 further am. 1936 (Sp. Sess.) P. L. 118.
210 1933-34 (Sp. Sess.) P. L. 282 rep. 1936 (Sp. Sess.) P. L. 28 sec. 25 reen. as am.
in secs. 1-24 further am. 1937 P. L. 2049. A former Old Age Assistance Act, 1923
P. L. 189 provided that assistance payments be made by the State and administration
costs be borne by the county. This law was declared unconstitutional, Busser v. Sny-
der, 28 Pa. 440 (1926).
211 1933-34 (Sp. Sess.) P. L. 246 rep. 1935 P. L. 621 No. 220 sec. 16 but reen. as am.
in secs. 1-15, 17.
212 1937 P. L. 2051. See essay on Board of Assistance.
116
COUNTY GOVERNMENT
to pay their expenses at the annual meeting of the State Association of
County Commissioners. Their clerk and solicitor may accompany them to
these meetings.213 They may purchase burial ground for veterans,214 and
offer and pay rewards for the apprehension of criminals.215 The county
commissioners are permitted to make appropriations to various organiza-
tions such as charitable hospitals and homes for children,218 tuberculosis
societies,217 agricultural and horticultural societies,218 societies for the pre-
vention of cruelty to animals,219 and county historical societies.220 They
may also pay wholly or in part for the writing of a county war history.221
Appropriations for health work may be made in cooperation with the State
Department of Health and the boroughs and first-class townships of the
county.222
The county commissioners are permitted to help support a National
Guard company 223 or an armory,224 and in time of war may appropriate
money to civilian rifle clubs.225 Appropriations may also be made to build
war monuments,220 furnish rooms for any of the veterans’ organizations,227
or aid any naval reserve unit or amateur radio league.228
The board of county commissioners may contribute as much as $5,000
213 1913 P.L. 199 am. 1917 P.L. 202 sec. 1 further am. 1921 P.L. 76 sec. 1 rep.
1929 P. L. 1278 sec. 1051 but reen. in secs. 71, 72.
214 1915 P. L. 870 sec. 7 rep. 1921 P. L. 473 sec. 8 but reen. in sec. 7 sup. 1925 P. L.
676 sec. 7 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 427.
215 1821 P. L. 90, 7 Sm. L. 388 (this act provides only for the apprehension of horse
thieves) ; 1889 P. L. 23 No. 22 sec. 1 rep. 1929 P. L. 1278 sec. 1051; 1889 P. L. 132
No. 147 sec. 1 am. 1919 P. L. 41 No. 31 sec. 1 rep. 1929 P. L. 1278 sec. 1051 ; 1929
P. L. 1278 sec. 491.
210 1915 P. L. 532 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 441 am. 1931 P. L.
401 sec. 1.
217 1915 P. L. 193; 1929 P. L. 1278 sec. 442.
218 1851 P.L. 289 sec. 1 sup. 1923 P.L. 77 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 445.
215 1921 P. L. 132 No. 80 sup. 1929 P. L. 1278 sec. 443.
220 1901 P. L. 274 am. 1915 P. L. 36 No. 20 further am. 1919 P. L. 101 rep. 1929
P. L. 1278 sec. 1051 but reen. in sec. 437.
221 1923 P. L. 688 No. 283 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 436.
222 1925 P. L. 34 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 447.
223 1929 P. L. 1278 see. 412 am. 1937 P. L. 42.
224 1909 P. L. 33 No. 15 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 411.
225 1 9 1 7 P. L. 750 rep. 1929 P. L. 1278 sec. 1051 but reen in sec. 413.
226 1919 P. L. 374 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 590, 591.
227 1919 P. L. 784 No. 321 rep. 1929 P. L. 1278 sec. 1051 but reen in sec. 560.
228 1929 P. L. 1278 see. 450 added 1937 P. L. 1968 sec. 1.
COUNTY COMMISSIONERS
117
annually for agricultural extension work 229 and may make appropriations
for the suppression of animal and plant diseases in cooperation with the
State Department of Agriculture.230 It is permitted to purchase real estate
which seems suitable for use for an agricultural fair and if it is not used
for that purpose within 5 years the board may sell it with the approval of
the court of common pleas.231 The commissioners of fourth-class counties
may appropriate money to any State park or to the State Park and Harbor
Commission for the construction, improvement, and maintenance of roads
within a State park.232
Certain other appropriations and purchases may be made by the county
only if approval is granted by one or more agencies. On recommendation
of the grand jury and approval of the court, the commissioners may con-
struct a building for the custody of vagrants,233 enlarge county bridges,234
and aid townships to eliminate grade crossings.235 With the consent of two
successive grand juries, the commissioners are allowed to establish a work-
house 236 or morgue.237 Formerly this approval was required before the
county commissioners could purchase land for county buildings,238 but
today consent of the court alone is sufficient.239
When a stipulated number of citizens petition the commissioners for the
establishment or construction of a certain institution, the matter is voted
upon by the electorate, and if approved, the commissioners provide the
innovation. This procedure is adopted in the case of the building of canals
or waterways,240 the construction of memorial halls,241 the erection or
229 1913 P. L. 204 am. 1919 P. L. 90 further am. 1929 P. L. 545 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 444 am. 1931 P. L. 401 sec. 1.
-30 1923 P. L. 73 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 446 am. 1935
P. L. 226.
231 1937 P. L. 2612.
232 1925 P. L. 11.
233 1876 P. L. 154 sec. 6.
234 1929 P. L. 1278 sec. 732 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L. 942
sec. 2.
235 1903 P. L. 164 No. 123.
233 1767, 1 Sm.L. 268 secs. 4-6; 1895 P.L. 377 No. 269; 1929 P.L. 1278 sec. 568.
237 1893 P.L. 457 sec. 1 par. 1 am. 1899 P.L. 52.
238 1883 P. L. 58 sec. 1 am. 1911 P. L. 1039 further am. 1921 P. L. 271 rep. 1929
P. L. 1278 sec. 1051.
239 1929 P. L. 1278 sec. 566.
240 1929 P. L. 1278 secs. 471-477.
241 1907 P. L. 148 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 592-600; 1909
P. L. 18 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 601, 602.
118
COUNTY GOVERNMENT
completion of soldiers’ monuments,242 the purchase and freeing of toll
roads and bridges,243 the construction of a county tuberculosis hospital 244
or hospital for women with nervous diseases,245 and the setting up of a
county mosquito extermination commission.246
The county commissioners have always held a number of ex officio posi-
tions. As has been mentioned, except in third-class counties they form a
board of revision for tax assessments.247 From 1835 until 1842 they con-
stituted a board to appraise all land on which any purchase money was due
the State.248 Between 1805 and 1867 they, with the sheriff, took charge
of filling the jury wheel and drawing the names of jurors.249 Now, how-
ever, the jury commissioners have been given all the duties of the county
commissioners in this respect.250 The county commissioners are official
visitors of the State penitentiaries.251 Since 1935 they have been allowed
to act as “authorities” to enter into contracts with the Federal Govern-
men or any of its agencies.252 In most counties the commissioners, with
the treasurer and the controller or auditors, have been organized as a
county sinking fund commission.253
The county commissioners have been given powers which have placed
them in charge of elections. Various acts have required them to provide
242 1895 P. L. 96 sec. 1 am. 1901 P. L. 184 further am. 1903 P. L. 136 No. 97 further
am. 1911 P. L. 53 further am. 1915 P. L. 487 rep. 1929 P. L. 1278 sec. 1051; 1913
P. L. 207 No. 145 rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 sec. 592.
2,3 1876 P.L. 131; 1899 P.L. 79 secs. 1, 8; 1909 P.L. 69 No. 41 secs. 1, 8; 1909
P. L. 73; 1911 P. L. 109 sec. 1 ; 1919 P. L. 199, all rep. 1929 P. L. 1278 sec. 1051 but
reen. in secs. 811-813; 1929 P. L. 1278 sec. 941.
244 1921 P. L. 944 rep. 1925 P. L. 65 sec. 14 reen. as am. in secs. 1-13 rep. 1929
P. L. 1278 sec. 1051 but reen. in secs. 622-633.
245 1929 P. L. 38.
240 1935 P. L. 641.
247 1715, III St. at L. 83 sec. 2; 1724-25, IV St. at L. 10 sec. 7; 1799, 3 Sm. L. 393
secs. 8, 9 sup. 1834 P. L. 509 secs. 8-10 rep. 1933 P. L. 853 sec. 601 but reen. in secs.
501-510; 1841 P. L. 441 sec. 10 am. 1844 P. L. 501 rep. 1933 P. L. 853 sec. 601 but
reen. in sec. 501.
248.1835 P. L. 148 sec. 1.
240 1805, 4 Sm. L. 237 sec. 1 sup. 1834 P. L. 333 sec. 79.
250 1867 P. L. 62.
251 1829 P. L. 341 sec. 8 art. VII.
202 1935 P. L. 463 am. 1937 P. L. 739 further am. 1939 P. L. 167.
253 1911 P.L. 256 sec. 1 (applied only to counties with a population of 150,000 to
250,000) sup. for all counties 1911 P. L. 895 sec. 1 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 395. See essay on Sinking Fund Commission.
COUNTY COMMISSIONERS
119
supplies and official lists, appoint custodians, and select polling places.254
In 1935 the commissioners became the registration commission for regis-
tering voters in third-class cities,256 while 2 years later they began to per-
form the same duties for boroughs and townships.256 In 1937 all other
election duties were given to the county board of elections, composed
solely of the county commissioners.257
Some of the ex officio positions of the county commissioners vary in
counties of different classes. In counties of the third to sixth classes in-
clusive, they belong to the salary board, which is composed of the com-
missioners and the treasurer in sixth-class counties,258 and of the com-
missioners and controller 259 in the remaining counties. In third and fourth-
class counties without special laws to the contrary, the commissioners, to-
gether with the controller, sheriff, district attorney, and quarter sessions
judges act as a board of inspectors of the county jail or prison.260 In fifth-
class counties the commissioners alone act as a prison board,261 and in
counties of the sixth, seventh, and eighth classes, the commissioners and
the sheriff form a board for the employment of prisoners.262 The com-
missioners of third-class counties are members of the board of managers
of the house of detention.263
The responsibilities of the county commissioners in reference to the
poor of the county, although now uniform throughout the State, formerly
varied widely from county to county. Originally indigent persons were
cared for by the respective boroughs and townships, in each of which two
261 1876 P. L. 136 sec. 1 rep. 1937 P. L. 1333 sec. 1901 ; 1893 P. L. 419 secs. 1, 9, 11,
12, 16, 19, 23 rep. 1937 P. L. 1333 sec. 1901.
2o5 1935 P. L. 478 No. 195 sec. 3 rep. 1937 P. L. 849 sec. 47(a) but reen. in sec.
3(a). See essay on Registration Commission.
256 1937 p p 487 sec. 3(a). See essay on Registration Commission.
257 1937 P. L. 1333 sec. 301(b). See essay on Board of Elections.
“ 1923 P. L. 944 sec. 5 am. 1933 P. L. 250 further am. 1937 P. L. 567.
259 1876 P. L. 13 sec. 7 rep. 1879 P. L. 72 sec. 1 but the repealing sec. itself rep.
1883 P. L. 182 sec. 1 (except in first-class cities) ; 1921 P. L. 1006 sec. 7; 1923 P. L.
1054 sec. 7 (the last two acts provide that in fifth-class countries the controller or
auditors shall act with the commissioners in this capacity). But 1929 P. L. 1278 sec.
131 am. 1931 P. L. 401 sec. 1 requires the office of controller be established in fifth-
class counties. See essay on Salary Board.
260 1921 P. L. 579 sec. 1. See essay on Prison Authorities.
2,1 1921 P. L. 470. See essay on Prison Authorities.
20- 1899 p. l_ 89 sec. 3 (this act made the president judge a member of this board)
rep. 1907 P. L. 247 sec. 8 reen. as am. in secs. 3, 4. See essay on Prison Authorities
>o3 1921 P, L. 840 sec. 1. See essay on Juvenile Detention Home.
120
COUNTY GOVERNMENT
overseers of the poor were chosen by the justices of the peace.264 After
1809 overseers were elected.265 In some counties, particularly in the north-
ern and central parts of the State, this system continued in force until
1937. From 1798 until 1874, however, special laws were passed for many
counties providing that poor relief be administered on a county-wide basis,
under the supervision of elected poor directors. Such laws were in effect
in virtually all the counties in the southern half of the State. The general
poor laws of 187 9 260 and 1925 207 attempted to make every county a
separate poor district, administered either by the elected poor directors
provided for in special laws or by the county commissioners. The latter
plan was adopted chiefly in the northern and western sections of Penn-
sylvania. Still other systems were used in Westmoreland and Erie coun-
ties, and three large poor districts extending across county lines were in
existence in the anthracite coal region.288 A uniform system for the ad-
ministration of poor relief in Pennsylvania was established in 1937 through
the mandatory County Institution District Law. Every county now forms
an institution district and all poor districts are abolished. The county
commissioners, acting as the county institution district board, are the
administrative officers and receive no additional compensation for their
services in this capacity except in seventh and eighth-class counties where
each commissioner annually receives an additional sum of $800 and $300
respectively.260
Wide powers of appointing and removing 270 county officers and em-
ployees have been given to the county commissioners. They were early
required to appoint a clerk to keep their records and accounts, record their
minutes, and attest all orders and warrants issued by them.271 They select
all employees of the courthouse and its grounds,272 and may name one or
2M 1771, VIII St. at L. 75 sec. 1.
2,0 1809, 5 Sm. L. 18 sec. 1.
200 1879 P. L. 78.
207 1925 P. L. 762.
Poor Relief Administration pp. 14-24.
200 1937 P. L. 2017 secs. 301-304. See essay on Institution District Board.
270 Smith v. Philadelphia County, 2 Pars. 293 (1851).
271 1715, III St. at L. 83 sec. 7 (this statute permitted the commissioners to appoint
a clerk; subsequent laws require them to do so) ; 1799, 3 Sm. L. 393 secs. 11, 12 sup.
1834 P. L. 537 sec. 20 rep. 1929 P. L 1278 sec. 1051 but reen. in secs. 109, 110; 1899
P. L. 56 am. 1913 P. L. 161 No. 110 sup. 1929 P. L. 1278 secs. 109, 110; 1891 P. L. 22
No. 16 sec. 1 sup. 1899 P. L. 56 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in
sec. 53.
272 1895 P. L. 236 No. 136 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 558.
COUNTY COMMISSIONERS
121
more watchmen to guard the county buildings.273 The commissioners ap-
point the employees of most of the commissions, institutions, and boards
which they set up. They choose and fix the salary of the county solicitor,
who handles their legal problems,274 and in times of unusually difficult or
excessive litigation, they are authorized to name additional attorneys to
help the solicitor.275 The county engineer is another appointee of the
commissioners who fix his salary and prescribe his exact duties.276 Other
officials selected by the board of county commissioners are a sealer of
weights and measures 277 and a veterans’ grave registrar.278 In most coun-
ties the latter is not a permanent official, but is discontinued after the
veterans' grave register has been compiled. In some counties the commis-
sioners’ clerk acted as registrar. The commissioners may appoint county
road caretakers to inspect and maintain county roads. These men have
the powers of constables and are provided with badges.270
In 1846 county commissioners were given the power to appoint mercan-
tile appraisers,280 but since 1919 these officers have been chosen by the
State Auditor General.281 From 1870 until 1925 the commissioners selected
wardens to find and punish persons causing forest fires. The county paid
the entire cost of this service until 1897 when the State began to pay half.282
At present the State alone employs and pays fire wardens.283 Between the
years 1885 and 1921 the commissioners had to appoint in each township
and ward of the county persons to take care of the burial of all honorably
2,3 1889 P. L. 139 No. 157 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen as am. in
sec. 558.
274 1895 P. L. 101 No. 75 am. 1903 P. L. 11 No. 11 rep. 1929 P. L. 1278 sec. 1051
but reen. in secs. 151, 152. See essay on Solicitor.
275 Cumberland County v. Belezhoover, 19 Pa. 614 (1897); Carpenter v. Northum-
berland County, 26 Dist. 46 (1916) ; Light v. Lebanon County, 292 Pa. 494 (1928) ;
Manheim v. Board of County Commissioners of Venango County, 330 Pa. 95 (1938).
2,6 1919 P. L. 163; 1929 P. L. 1278 secs. 166, 167. See essay on Engineer.
277 1 91 1 P. L. 275 sec. 1 am. 1913 P. L. 960 No. 444 further am. 1917 P. L. 1102.
See essay on Sealer of Weights and Measures.
278 1929 P. L. 1278 sec. 439 added 1931 P. L. 401 sec. 16 am. 1937 P. L. 329 sec. 1.
278 1917 P. L. 137 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 981-984.
,M) 1846 P.L. 486 sec. 12. See essay on Mercantile Appraiser.
281 1899 P. L. 184 sec. 3 am. 1919 P. L. 963 sec. 1. Later, mercantile appraisers were
named by the Secretary of Revenue.
282 1870 P. L. 1316 am. 1897 P. L. 295 sec. 1 rep. 1925 P. L. 88 Nos. 57, 58. Nee
also 1901 P. L. 119 rep. 1925 P. L. 89 No. 60. (Between 1907 and 1915 the State paid
more than half, see 1907 P. L. 101 sec. 3 rep. 1909 P. L. 514 sec. 2; 1909 P. L. 781
sec. 11 rep. 1915 P. L. 797).
“ 1923 P.L. 498 sec. 1602(h) rep. 1929 P.L. 177 sec. 3001 but reen. in sec. 1802(h).
122
COUNTY GOVERNMENT
discharged soldiers, sailors, and marines, who died in the county. These
officials investigated the circumstances of all such cases, took care of the
burial, and reported upon their actions to the county commissioners.284
During the period between 1889 and 1929, the commissioners of any
county were allowed to employ detectives “for the detection and appre-
hension of any person charged with or perpetrating any felony or aiding
and abetting the same.” After 1919, however, the commissioners rarely
appointed detectives, for not only did such appointments require the ap-
proval of the president judge, but the provisions of the 1889 law were
not to apply to any county where a similar power was vested in other
officials.285
Other officials whom the county commissioners may appoint are county
health officers,280 a park or recreation board,287 a planning commission,288
a housing authority,289 and a zoning commission.290 The commissioners
may determine the manner of appointment of a board of zoning adjust-
ment 291 and may make zoning ordinances.292
In third-class counties the commissioners may establish a county retire-
ment system administered by a retirement board which consists of the
chairman of the board of county commissioners or his representative, the
controller, and one county employee selected by his fellow employees. In
counties in which the system is in effect all county employees must belong
to the retirement system and county officers may join it if they wish.293
Since the board of county commissioners is the central agency of county
government i't is expected to prepare various reports concerning its diversi-
fied activities. Many of these reports relate to taxation. The commis-
si 885 P. L. 17 secs. 1, 2 am. 1909 P. L. 152 secs. 1, 2 further am. 1911 P. L. 875
secs. 1, 2 rep. 1915 P. L. 870 sec. 8 but reen. in secs. 1, 2 am. 1917 P. L. 77 No. 40
rep. 1921 P. L. 473 sec. 8.
280 1889 P L. 132 No. 147 am. 1919 P. L. 41 rep. 1929 P. L. 1278 sec. 1051.
280 1929 P. L. 1278 sec. 447.
287 1919 P. L. 784 No. 322 secs. 2-4 am. 1921 P. L. 484 further am. 1927 P. L. 56
secs. 2-4 further am. 1929 P. L. 1278 sec. 652 am. 1931 P. L. 401 sec. 1 further am.
1935 P. L. 46 sec. 2; 1929 P. L. 1278 sec. 653. See essay on Park or Recreation
Board.
288 1929 P. L. 1278 sec. 501 am. 1937 P. L. 2124. See essay on Planning Commission.
280 1937 P. L. 955 sec. 5.
200 1929 P. L. 1278 sec. 510.2 added 1937 P. L. 2129 sec. 3. See essay on Zoning
Commission and Board of Zoning Adjustment.
281 1929 P. L. 1278 sec. 510.10 added 1937 P. L. 2129 sec. 3.
282 1929 P. L. 1278 sec. 410 added 1937 P. L. 2129 sec. 1.
1 1937 P.L. 1625. See essay on Retirement Board.
COUNTY COMMISSIONERS
123
sioners prepare a statement for the prothonotary noting the amount of
taxes due and unpaid by each tax collector,294 and they furnish the county
treasurer with the names of the tax collectors and the amount for which
each is responsible.293 The commissioners make an annual statement for
the Secretary of Internal Affairs of all property taxable for county pur-
poses 296 and for the State Treasurer of all property taxable for State
purposes.297 A list of all the taxable inhabitants of the county must be
sent to the Governor and a duplicate to the court of quarter sessions.293
Extensive reports are sent to the Department of Internal Affairs. The
president of the board of county commissioners notifies the Department
of all proceedings for incurring or increasing county indebtedness except
1-year notes in anticipation of revenue.299 The commissioners send to the
Department an annual record of all taxes paid in the county and its subor-
dinate political divisions.300 They furnish to the Department of Internal
Affairs any information which it requests concerning the assessing and
collecting of taxes.301 They prepare an annual report for the Secretary of
the Commonwealth stating county expenditures for all matters pertaining
to crime, including expenses for the criminal courts and for forfeited
bonds.302 Twice a year the commissioners make a report to the Depart-
ment of Revenue showing the receipt and disbursement of all money re-
ceived during the preceding 6 months as the county’s share of the liquid
fuels tax fund. Further payments to the county are withheld until this
report is filed.303
Between 1887 and 1895 the commissioners of every county on the border
of the State were responsible for the care of State boundary markers.
They had to make a periodic inspection and transmit to the Department
of Internal Affairs a detailed report on the condition of the markers.304
294 1835 P. L. 45 sec. 3; 1885 P. L. 187 sec. 11 rep. 1937 P. L. 2780 sec. 7 but reen.
in sec. 1.
295 1835 P.L. 45 sec. 3.
296 1874 P. L. 193 sec. 1.
297 1878 P. L. 126 sec. 2.
298 1821, 7 Sm. L. 341 secs. 2, 3 (1779, IX St. at L. 326 sec. 1 required that this list
be sent to the assembly).
299 1929 P. L. 91 sec. 3 am. 1933 P. L. 97.
300 1889 P. L. 157 secs. 1, 2.
801 1919 P. L. 239 sec. 1.
802 1847 P. L. 172 sec. 3.
808 1931 P. L. 149 sec. 10 am. 1935 P. L. 412 further am. 1939 P. L. 634.
394 1887 P. L. 133 am. 1889 P. L. 63 sec. 2 rep. 1895 P. L. 61.
124
COUNTY GOVERNMENT
The county commissioners were made responsible for having various
list made. The law requires that they have a census made every 7 years 305
with the deaf and dumb 306 and the blind 307 noted separately. One copy
is to be sent to the Governor 308 and another to the court of quarter ses-
sions.309 The tax lists were used as a basis for preparing voting lists.310
From 1819 until 1822 the commissioners had to send to the legislature
transcripts of the county receipts and expenditures.311 Until 1909 they
were obliged to publish annually a full and accurate statement of all the
receipts and disbursements of the county during the preceding year.312
The commissioners’ minute book, fiscal records, and other documents are
open to the public.313
Records.
The records of the board of county commissioners are described below :
GENERAL ADMINISTRATION
Minutes.
Commissioners’ Minute Book, 1715— .(In counties established after
1715 this record has been kept since the date of erection of the
county.) Title varies: County Commissioners’ Record Book;
Commissioners’ Day Book ; Record.
This is a record of all meetings of the county commissioners and is kept
by the commissioners’ clerk. It shows the resolutions made, the motions
on bills, and all business transacted, and usually each entry is signed by
the commissioners and their clerk. In many counties there are incorporated
into the commissioners’ minutes records of the meetings of one or more
of the ex officio boards on which the commissioners hold membership.
305 1800, XVI St. at L. 434; 1807, XVIII St. at L. 437; 1821 P. L. 4, 7 Sm. L.
341 sec. 1.
308 1821 P. L. 98, 7 Sm. L. 393 sec. 1.
8''7 1836 P. L. 328 sec. 2.
308 1821 P. L. 4, 7 Sm. L. 341 sec. 2.
800 Ibid., sec. 3.
310 1766, VII St. at L. 32; 1799, 3 Sm. L. 340 sec. 6 rep. 1839 P. L. 519 sec. 174 but
reen. in secs. 57-59.
8,1 1819 P. L. 86 rep. 1822 P. L. 94.
8,2 1799, 3 Sm. L. 393 sec. 27 sup. 1834 P. L. 537 sec. 22 am. 1903 P. L. 234 rep.
1909 P. L. 473.
8,8 1929 P. L. 1278 sec. Ill am. 1935 P. L. 730.
COUNTY COMMISSIONERS
125
These include the registration commission, county board of elections, board
of revision, and institution district board.314
Bonds and Oaths
Officials’ Bonds, 1929 — .(Kept by the commissioners in counties
without a controller.)
The commissioners keep on file the bonds posted by all county officials
except themselves. Each bond shows the following: the date; names of
principal and surety; official’s title; amount of bond; conditions of obliga-
tions, signatures of principal, surety, and witnesses ; court approval ; and
date filed.315
Controllers’ Bonds, date from the establishment of the office of
controller in the county.
The bonds posted by the county controllers, containing the same informa-
tion as is in Officials’ Bonds.316
Contractors’ Bonds, usually of very recent dates. Title varies :
Bridge Bonds.
The contractors engaged in work for the county give bonds which show
the names and addresses of bonding companies and principals ; conditions
and obligations ; and signatures of principals, sureties, and witnesses. In
some counties these bonds are filed with Contracts and Agreements.317
Assessors’ Oaths, 1799 — .
These are the oaths taken by the local assessors before assuming office.318
Tax Collectors’ Oaths, 1841 — .
The oaths of office taken by tax collectors are here filed.319
Contracts
Bids and Proposals.
This is a file of the bids and proposals received by the county commis-
sioners for construction, repairs, and supplies. Each paper shows the
314 1715, III St. at L. 83 sec. 7; 1799, 3 Sm. L. 393 sec. 11 sup. 1834 P. L. 537 sec.
20 rep. 1929 P. L. 1278 sec. 1051 but reen in sec. 110.
815 1929 P. L. 1278 sec. 54 am. 1933 P. L. 946 No. 182.
310 1893 P. L. 393 sec. 3 sup. 1895 P. L. 493 No. 288 sec. 3 rep. 1929 P. L. 1278 sec.
1051 but reen. in sec. 54 am. 1933 P. L. 946 No. 182.
817 There is no legal requirement for the keeping of these bonds.
318 1799, 3 Sm. L. 393 sec. 6 sup. 1834 P. L. 537 sec. 88 rep. 1933 P. L. 853 secs.
302, 303.
319 1846 P. L. 486 No. 19.
126
COUNTY GOVERNMENT
name of contracting firm; date, subject, and amount of bid; itemized state-
ment of charge for every item included ; and the bidders authorized state-
ment.320
Contracts and Agreements.
Contracts and agreements entered into by the county, each one showing
the names of parties concerned, conditions of contract, date contract was
fulfilled, and signatures of contracting parties and commissioners’ chief
clerk.821
Specification Book, 1870. —
This book contains the specifications for all county buildings and bridges
which are to be constructed, altered, or enlarged. It is kept for the use
of the contractors who are interested in bidding for the work.322
Equipment, Supplies, and County-owned Property 323
Deeds.
The deeds to the county-owned property are filed here.324
Titles.
Certificates of title to county-owned motor vehicles make up this record.
Each certificate shows the owner’s name ; date of purchase ; make and
model of machine ; engine, title, and manufacturer’s numbers ; and signa-
ture of Secretary of Revenue.325
320 These are kept by the controller in counties where that office has been established.
1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 348 am.
1935 P.L. 143.
321 These are kept by the controller in counties where that office has been established.
1895 P. L. 403 No. 288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 348
am. 1935 P. L. 143.
322 1870 P. L. 834 secs. 1-4. This law is in effect in the following counties: Bucks.
Adams, Lancaster, Erie, Juniata, Mercer, Venango, Westmoreland, Clarion, Mont-
gomery, and Schuylkill. In many counties, plans, specifications, and blueprints of
various county buildings have been kept.
323 These records are not required by law, but are often kept as a matter of con-
venience.
321 In counties where the office of controller has been established, the controller keeps
these papers. 1895 P. L. 403 No. 288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen.
in sec. 343.
325 Ibid.
COUNTY COMMISSIONERS
127
Leases, current.
These are the leases for buildings used by the county, each lease showing
the conditions and duration of lease, location of property, the considera-
tion, and signatures of lessor and county commissioners.
Insurance Policies. Title varies: Automobiles.
Insurance policies covering the courthouse, the county jail, and other
county-owned property are usually placed on file. Each policy shows the
expiration date, the property covered, amount of insurance and premium,
policy number, names and addresses of insurance company and agent.
Requisitions, Orders, and Receipts for Supplies. Title varies :
Day Book; Sundries.
These papers which vary greatly in different counties, concern the office
supplies for the county officers. They usually show the date of purchase,
names of the vendor and the office for which purchase was made, price
paid for items purchased, dates of delivery and payment, and official
signatures.
County Obligations
Bonds and Coupons.
These include the unsold bonds and the canceled bonds of the county.
Each bond gives the following information : face value, bond number,
date, creditor’s name, interest rate, and signatures of county commission-
ers and their chief clerk. The coupons show date when interest payment
was due, amount of interest, bond number, date of the series, and signa-
tures of the commissioners.326
Bond Record. Title varies: Note Ledger — Bonds.
A record of all bonds floated by the county is contained in this book which
shows the serial letter and number of each bond, year of issue, bond num-
ber, face value, interest rate, purchaser’s name and address, date of ma-
turity, dates of interest payments, and itemized statement of interest
paid.327
Bond Transfer Book.
This is a record of the transfer of county bonds, and usually shows the
826 The controller keeps these papers when that office has been established. 1895
P. L. 403 No. 288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 343.
327 The controller prepares and keeps this book in counties with a controller. 1895
P. L. 403 No. 288 sec. 12 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 343.
128
COUNTY GOVERNMENT
date, number, and amount of bond ; name of person to whom it was trans-
ferred ; and signatures of original owner and witnesses.328
Decisions on the Issuance of Bonds. Title varies : Bond Issues.
This consists of certified copies of the commissioners’ resolutions on county
bond issues and returns of special elections concerning increase of indebt-
edness of municipalities. The resolutions show the names of the members
of the board, the body of the resolutions, and the date passed. The returns
show the question voted upon and the date and results of the election.320
Correspondence
Commissioners’ Correspondence. Title varies : Commissioners’
Record; Promiscuous Papers.
This is a file of the correspondence pertaining to the transactions of the
county commissioners’ office.330
TAXATION
Personnel Records 331
Lists of Tax Collectors and Assessors, dates vary, but usually are
current only. Title varies: Memorandum — Tax Collectors.
These records usually consist of the names and addresses of assessors and
collectors of taxes within the county. In some cases they also show the
amount of bond posted by the individual officers.
Tax Collectors’ Resignations and Appointments.
The resignations show the date, name of district, township, or borough,
and collector’s signature and address. The petitions for appointment show
the name of district, borough, or township where the vacancy exists ; names
of former collector and aspirant ; and occupations, addresses, and signatures
of petitioners.
Petitions for Appointment of Assessors.
These are petitions of the electorate to the county commissioners request-
ing the appointment of assessors to fill vacancies. They give the date,
names of assessors and district, and the petitioners’ signatures.
*2“ A separate record of bond transfers is not required and is seldom kept.
”°The separate filing of these papers is not obligatory. In most counties the resolu-
tions are found only in the Commissioners’ Minute Book, and the special election
returns are not kept separately from the general election returns.
330 Although the law does not require that their official correspondence be kept on
file, most county commissioners do so.
331 These records are frequently kept as a matter of convenience.
COUNTY COMMISSIONERS
129
Assessment Returns 332
Assessments, dates from origin of the county. Title varies: An-
nual and Triennial Assessment; Transcript; Assess Book; Annual
Assessment; Triennial Assessment; Property Roll; County Rates
and Levies ; Unseated Road, School and Bounty Tax.
These records are the returns sent in by the assessors and by the taxpayers
themselves on all property taxable for county purposes. Sometimes the
assessment on all types of taxable property is found in a single record, but
often returns are filed separately according to the type of property which
is taxed. These records cover all the taxable inhabitants of the county.333
This record usually consists of a list of all inhabitants within the assess-
ment district, showing the address and occupation of each person. There is
also a description of the taxable property owned by each and the amount
of every type of tax due 334 upon each of the items taxed.
Assessments on Seated Land, dates from the origin of the county.
This record is in almost every case a part of the record entitled Assess-
ments. It contains similar information, but shows the assessment and the
taxes due on seated land only.335
Assessments on Unseated Land,338 dates from the origin of the
county. Title varies : Returns of Unseated Lands ; Unseated Land ;
Unseated Land Tax.
This record gives the assessments on unseated land, showing tax year, name
of civil division, number of the duplicate, names of warrantee and taxpayer,
location and description of property, amount of tax, and date paid.337
Record of Unseated Lands, 1804 — .Title varies: List of Wild Lands
Returned by Deputy Surveyor.
This is a record of the returns of unseated lands which are made by the
332 In all third-class counties these records are kept, not by the county commis-
sioners, but by the board for the assessment and revision of taxes. 1931 P. L. 1379
sec. 5.
833 1799, 3 Sm. L. 393 sec. 7 sup. 1834 P. L. 509 sec. 6; 1841 P. L. 393 sec. 6; 1919
P. L. 1005. All rep. 1933 P. L. 853 sec. 601 but reen. in sec. 403.
334 School tax, poor tax, road tax, etc.
333 1799, 3 Sm.L. 393 sec. 8 sup. 1834 P. L. 509 sec. 4 rep. 1933 P. L. 853 sec. 601
but reen. in secs. 201(a), 411-413.
336 In many cases this is found in the general assessment returns.
337 1799, 3 Sm.L. 393 sec. 25 rep. 1804 P. L. 517, 4 Sm.L. 201 sec. 7 but reen. in sec.
2 rep. in part 1815 P. L. 177 sec. 11, rep. as to unseated lands 1933 P. L. 853 sec. 601
but reen. in sec. 410.
130
COUNTY GOVERNMENT
deputy surveyor and his successor.338 It shows the number of acres in
every such tract, the original owner’s name, boundaries of the land, as-
sessed valuation, and amount of taxes levied.339
Occupation Tax Assessments,340 dates from the origin of the
county.
This is a record of the assessment for the occupation tax and shows the
date ; name of district ; name, address, occupation, and classification of
taxpayer ; and amount of tax levied. 341
Personal Property Tax Returns, dates from origin of the county.
These are the annual personal property returns prepared by the taxpayer.342
They contain the date, name of district, taxpayer’s name and address,
itemized statement of personal property owned by him, its valuation, tax
rate, taxpayer’s signature, and notarial seal.343
Returns of Tax-Exempt Property,344 dates from origin of the
county.
The assessor must make returns of this property, even though no tax is
paid on it. The information contained is similar to that found in the gen-
eral assessment returns.345
Returns of Timber Lands, 1883 — .
These are the assessments of lands entitled to a reduction in tax rate be-
cause they contain a certain number of trees per acre.346 For each tract
883 This record exists in very few counties today.
888 1804 P. L. 201.
810 In some cases these assessments appear in the general assessment returns.
8U 1799, 3 Sm.L. 393 sec. 8 sup. 1834 P. L. 509 sec. 4 rep. 1933 P. L. 853 sec. 601 but
reen. in sec. 201(b). In third-class counties a poll tax may be substituted for the
occupation tax (1933 P. L. 853 sec. 202), while in all counties there is a poll tax of
50 cents for every Federal employee (1929 P. L. 21 No. 31 rep. 1933 P. L. 853 sec.
601 but reen. in sec. 203).
842 In early days this was reported by the assessor, and therefore is found with the
general assessments.
843 Personal property is taxable for both State and county purposes. 1799, 3 Sm.L.
393 sec. 8 sup. 1834 P. L. 509 sec. 4 rep. 1933 P. L. 853 sec. 601 but reen. in sec.
201(c) ; 1840 P. L. 612 (temporary act) ; 1879 P. L. 112 sec. 1 supp. 1885 P. L. 193
further supp. 1889 P. L. 420 rep. 1913 P. L. 507 sec. 19; 1913 P. L. 507 sec. 1 am.
1929 P. L. 871 further am. 1929 P. L. 1509 further am. 1933 P. L. 54 further am.
1935 P. L. 414 sec. 17 further am. 1939 P. L. 413 sec. 1.
844 In almost all cases, this is found in the Assessment Returns.
844 1933 P. L. 853 sec. 405.
848 In most cases this is found in Assessment Returns.
COUNTY COMMISSIONERS
131
of land assessed, the number of cleared acres, and the number of forested
acres are listed separately.347
Assessment of Coal Lands, 1923 — . Title varies : Coal ; Coal
Statements ; Coal Acreage Mined.
In cases where the life tenant of the land assessed does not have the right
to mine the coal lying beneath it, the coal and the land above it are sepa-
rately assessed.348
Returns of Obsolete Taxes 349
Poor Tax Returns, prior to 1938. 350
These are the assessors’ returns for the poor tax which was levied sepa-
rately in 24 of Pennsylvania’s 67 counties.351
Alien Tax Returns, 1897-1901.
These are the quarterly reports prepared by everyone who employed any
aliens. They were sent to the commissioners with the sum of 3 cents for
every day an alien was employed.352
Bicycle Tax Returns,353 1899-1919.
This is a return on all bicycles in the county. The tax levied on bicycles
was used to build side paths.354
847 1883 P. L. 112 rep. 1933 P. L. 853 sec. 601 but reen. in sec. 418; 1901 P. L. 77
No. 48 sec. 1 rep. 1905 P. L. 118 sec. 3 but reen. in sec. 1 ; 1913 P. L. 405 No. 269
sec. 2 rep. 1933 P. L. 853 sec. 601 but reen. in secs. 418, 419.
818 1923 P. L. 175 No. 129 sec. 2 rep. 1933 P. L. 853 sec. 601 but reen. in sec. 415.
In some cases this is not a separate record but is found in the general assessment
returns.
840 These records are found in very few counties.
350 In a given county these records usually date from the time when that county
became a separate poor district. See essay in Institution District Board.
851 1925 P. L. 217 sec. 17 rep. 1937 P. L. 2017 sec. 702; Poor Relief Administration,
pp. 16, 17.
35T897 P. L. 166 declared unconstitutional 187 Pa. 193, 40A 977. 1901 P. L. 265
No. 172 provided that the money secured from this fund should be returned to the
aliens.
883 These records are found only in those counties for which side path commissioners
were appointed by the court.
864 1899 P. L. 36 secs. 4-8 declared unconstitutional; 1915 P. L. 708 No. 325 provided
that the money in this fund might be used for road building.
132
COUNTY GOVERNMENT
Reports 355
Unseated Lands, 1933 — .
This record is a file of statements prepared by persons acquiring unseated
lands. It contains a description of each tract ; name of original grantee,
nature, number, and date of original title ; date present owner received it ;
and the grantor’s name.356
Record of Land Transfers, 1911 — . Title varies: Recorders Daily
Report; Recorder’s Report of Land Transfers; Transfers.
These are reports made once a month by the recorder of deeds. They con-
tain a record of every deed and conveyance of land which was presented
for recording during that month. This record shows the date of report,
entry number, date of instrument, names of grantor and grantee, grantee’s
address, the consideration, location and description of property, inclusive
dates of the report, and the recorder’s signature.357
Record of Mortgages and Agreements, 1879 — -. Title varies: Real
Estate Returns ; Transfers.
These, like the Record of Land Transfers, are monthly reports by the
recorder of deeds of every mortgage and other agreement to secure the
payment of money which was presented for recording. Each report con-
tains a list of new, assigned, and satisfied mortgages, showing the date the
report was made, names of tax district of assignees, date of entry, name
of mortgagor, name and address of assignee, acreage and location of mort-
gaged property, amount of mortgage, date of assignment, volume and page
of its location in the Mortgage Book, the amount paid on the mortgage,
inclusive dates of the report, and the recorders’ signature.358
Prothonotary’s Daily Record, 1879 — . Title varies: Record of
Mortgages, Bonds, Judgments, and Other Evidences of Debt.
These reports, made monthly by the prothonotary, list all instruments se-
865 These reports are used to aid the assessors in their work and to check on the
returns of the personal property tax. Like assessment returns, these reports are
sent to the board for the assessment and revision of taxes in third-class counties.
:'r"’ 1933 P. L. 853 sec. 409.
357 1 91 1 P. L. 62 secs. 1, 2 (applied only to counties of less than 400,000 population)
rep. 1933 P. L. 853 sec. 601 but reen. for counties of classes three to eight inclusive in
sec. 407 (a, b) ; 1929 P. L. 620 No. 258.
3M 1879 P. L. 112 sec. 7 supp. 1889 P. L. 420 sec. 7 am. 1905 P. L. 186 rep. 1913
P. L. 507 No. 335 sec. 19 but reen. in sec. 7 ; 1899 P. L. 41 ; 1909 P. L. 289.
COUNTY COMMISSIONERS
133
curing a debt which are recorded in the prothonotary’s office. It shows all
new, assigned, satisfied judgments; dates of report and recording; name
and address of plaintiff or assignee ; defendant’s name ; date, amount, and
character of instrument; court term and case number; and date of satis-
faction.359
Assessment Maps 360
Property Maps.
These maps vary greatly in different counties. The information which they
may include, however, is as follows : Boundaries of assessment districts,
property lines, names of owners of all land, streets, improved and unim-
proved roads, route numbers, churches, schools, streams, railroads, acreage
of property, scale of miles, and compass points. In some cases the amounts
of assessments are also included.
Exonerations
Abatements and Exonerations, 1834 — .
A record of all exonerations and abatements of taxes which were granted
by the county commissioners, showing the names of persons who were
granted abatements or exonerations, amount of taxes levied, adjusted
amount of taxes paid, and the reason for such actions by the commis-
sioners.361
Collection of Taxes
Tax Collectors’ Returns, 1891 — .
These are reports made by the tax collectors each month when they pay
over to the treasurer the money which they have received. Each report
shows the district, period covered, tax collector’s signature, tax year, date
paid, receipt number, taxpayers’ names, type of tax, and remarks.362
Tax Collectors’ Data, 1835 — (in Commissioners’ Minute Book).
On the minutes of the county commissioners is entered the name of each
tax collector and the amount of taxes for which he is responsible.363
869 1879 P. L. 112 supp. 1885 P. L. 193 further supp. 1889 P. L. 420 secs. 8-11 rep.
1913 P. L. 507 No. 335 sec. 19 but reen. in secs. 8-11.
390 These maps are prepared and kept for the convience of the assessors and to aid
in properly equalizing assessments.
361 1834 P. L. 509 sec. 18 am. 1917 P. L. 840 sec. 1500. (Even earlier records of
abatements and exonerations may be found, since the commissioners were empowered
to grant them from the earliest times.)
862 1891 P. L. 212.
883 1835 P. L. 45 sec. 4.
134
COUNTY GOVERNMENT
Treasurer’s Reports, dates from origin of the county.
These are the quarterly reports of the treasurer, showing all money re-
ceived or disbursed since the last statement was made, the amount of
taxes collected, and the amount still due from each tax collector.364
Tax Collector’s Accounts, may date from the establishment of the
county. Title varies: Taxes Collected; Commissioners’ Tax Ledger;
Tax Settlements.
This record shows the name of the district, date and amount of taxes col-
lected, collectors’ names and addresses, date and amount of each collector’s
bond, name of surety, amount of collector’s warrant for the year including
cash rebates, commissions, exonerations, and abatements.395
County Tax Stubs.
The receipt stubs of county taxes paid make up this record. On each one
may be found the name and ward or district number of the taxpayer; the
tax year ; amounts of tax, rebates, and penalties ; totals ; and dates and
amounts of payments.388
Auditor General’s Annual Statements, 1868-1913. Title varies:
Tax Collection Reports and Statements.
These are copies of the annual statement by the Auditor General of per-
sonal property taxes due the State. This report showed the date ; total
amount due to State and county; previous year’s balance; amounts of col-
lections, commissions, refunds, and abatements; amount due; approval;
and seals and signatures of Auditor General and State Treasurer.367
Statements to the State Board of Revenue Commissioners, 1878 — .
Title varies : Tax Collectors’ Reports and Statements.
These are copies of annual statements which are made by the county com-
missioners to the State Board of Revenue Commissioners concerning the
personal property taxes levied in each municipality. These statements
3,4 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732, IV St. at L.
234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P. L. 537 sec. 37 rep. 1939 P. L. 1278
sec. 1051 but reen. in sec. 360.
885 Such a record is frequently kept as a matter of convenience.
868 Although there are no legal requirements to keep these stubs, they are frequently
found.
The Auditor General made this annual report as a matter of convenience.
COUNTY COMMISSIONERS
135
show the date, name of municipality, name and address of tax assessor,
amount of personal property tax levied, and totals.388
State Treasurer’s Annual Statements, 1868-1913. Title varies:
Tax Collections; Reports and Statements.
These statements were made by the State Treasurer to the county com-
missioners and concerned the State taxes which were due from the county.
Each report gives the date of report, tax year, amount of asssesed valua-
tion, amount of taxes collectible, deductions, commissions, rebates, amount
due the State, and the Treasurer’s signature.369
Delinquency 370
Delinquent Tax Return. Title varies: Seated Land Return; Tax
Returns — Returns of Seated Land ; Tax Returns ; Land Returns.
The tax collectors’ returns of unpaid taxes are very frequently kept on file
by the commissioners. The information contained is usually the following :
the date ; names of district, tax collector, and taxpayer ; location and de-
scription of property ; type and amount of delinquent tax ; and signature of
tax collector.371
Tax Return Docket, 1931 — . Title varies: Certified List of Seated
Lands.
All seated lands on which taxes are due and unpaid is reported in this
docket, which contains a description of the land, the name of the owner
against whom taxes were levied, amount of taxes unpaid, and year during
which the taxes were assessed and levied. When a lien has been entered
against the property, the page of the Tax Lien Docket where it is recorded
is also entered here. This record must be alphabetically indexed within each
ward and township.372
SM 1878 P. L. 126 sec. 2. The commissioners of very few counties retain copies
of this report.
300 This record, like the Auditor General’s Statements, was made as a matter of
convenience prior to the passage of the personal property tax act of 1913 P. L. 507.
,i'l> Similiar earlier records are frequently found since these procedures were being
followed for many years before definite record-keeping requirements were made.
371 There is no requirement that these returns be preserved, but they are often found
in the various counties.
372 1931 P. L. 280 sec. 1 am. 1939 P. L. 498 sec. 1 ; 1931 P. L. 280 secs. 2, 3.
136
COUNTY GOVERNMENT
Delinquencies on Unseated Lands. Title varies: Transcript of Un-
seated Lands; Certified List of Unseated Lands; Transcript of
Unseated Land Taxes Certified by Treasurer to Commissioners.
This record is similar to the Tax Return Docket, but deals with unseated
lands rather than seated lands.373
Docket of Tax Liens.
This is a record of liens filed against properties for nonpayment of taxes,
and shows date filed, court term and case number, tax year, owner’s name
and address, location and description of property, assessed valuation, and
amounts of delinquency and penalties.374
Tax Lien Ledger.
A record of tax lien payments showing date of filing lien, court term and
case number, name of municipality, amount of lien, date paid, and volume
and page where it is recorded.375
Treasurer’s Sale of Seated Land, 1885 — .
Lists of all seated lands sold for taxes are found in this book, which gives
for each property the owner’s name ; amount of land sold ; amount of taxes
and costs ; and whether it was sold for school, road, or other taxes.376
Treasurer’s Sale of Unseated Lands.
This record is similar to Sale of Seated Lands, but covers only unseated
lands sold for taxes.377
Treasurer’s Sales to Commissioners, 1815 — . Title varies: Com-
missioners’ Seated Land Docket ; Returns of Seated and Unseated
Lands ; County Owned Properties ; Commissioners’ Deed Book.
This is a record of the lands bought by the county commissioners at treas-
urer’s sales. It contains the following information : date of purchase ; sale
number; former owner’s name; location and description of property; years
for which the taxes are delinquent ; new taxes which have fallen due since
the purchase by the commissioners ; total amount of taxes, penalties, and
interest due ; and if redeemed, by whom.378
373 Although the keeping of such a record is not obligatory, it is frequently found.
371 The commissioners are not required to keep such a record, for the prothonotary
must keep a Tax Lien Docket (1899 P. L. 120). In a few counties, however, a simi-
liar record is found in the commissioners’ office.
375 This is a record occasionally kept as a matter of convenience.
376 1885 P. L. 268 sec. 1.
377 This is not a required record and is very infrequently found.
378 1815, 6 Sm.L. 299 sec. 5; 1929 P. L. 1684 sec. 13 rep. 1931 P. L. 280 sec. 22 but
reen. in sec. 10.
COUNTY COMMISSIONERS
137
Treasurer’s Deeds, 1815 —
The deeds to property bought by the commissioners at treasurer’s sales,
showing date of sale, location and description of property, amount of un-
paid taxes, cost of property, names of former owner and treasurer, wit-
nesses’ signatures, and acknowledgment of deed.379
Sheriff’s Deeds, 1799-1809.
Prior to 1809 the sheriff rather than the treasurer, sold land for delinquency
in taxes. These deeds are similar to the treasurer’s deeds now issued after
such sales are completed.380
Redemption Record.
This is a record of the redemption of properties sold for delinquent taxes,
showing the number, names of warrantee and purchaser, location and
description of property, dates of sale and redemption, and amount paid
at time of purchase and redemption.381
Commissioners’ Appraisement Records, 1835-42. Title varies : Day
Book.
A report of the valuation given by the county commissioners to land on
which purchase money was due the State is here found.382 Each report
contains the purchaser’s name, date when warrant was granted, number of
acres, and valuation of the land.833
SUPERVISION OVER ROADS AND BRIDGES
Road and Bridge Petitions.
Petitions received by the county commissioners for county aid in the con-
struction and repair of roads and bridges are found in this file. These
papers usually show : date of petition, route number, request and reason
for it, and signatures and addresses of petitioners.384
379 Ibid.
3“° 1799, 3 Sm.L. 393 sec. 25 rep. 1804 P. L. 517, 4 Sm.L. 201 sec. 7 but reen. in sec.
2; 1809, P. L. 192, 5 Sm.L. 73 sec. 1 gave this responsibility to the treasurer.
3S1 This is not a required record and is very infrequently kept, since this information
is now found in a number of other records, such as Treasurer’s Sales to Com-
missioners.
883 Today this record is found in very few counties.
883 1835 P. L. 148 sec. 4.
884 The law does not require that these petitions be filed, but they often are. With
these petitions in some counties are found petitions from the county commissioners
to the State Department of Highways.
138
COUNTY GOVERNMENT
Bridge Proceedings, 1879 — .
All proceedings by the commissioners for the repair of township bridges
are here recorded.385
Release of Road and Bridge Damages. Title varies : Deeds of Re-
lease.
Each of these releases usually shows the name and location of the road
or bridge, the changes made, amount paid to property owner, agreement
of release, date, and property owner’s signature.386
Maps and Plans for Roads and Bridges. Title varies: Types of
Roads; Right of Ways.
Among the maps and plans found in the commissioners’ office are hand
drawn and printed maps of the county road system, plans of bridges and
roads which are to be built, and maps of the highway system of the State.387
MILITARY FUNCTIONS
Enrollment
Military Roll, 1858-1921. Title varies: Commissioners’ Enrollment
Book.
This contains the name, address, district, age, occupation, and marital status
of every man liable for military service.388 In addition it shows exemption
from service and why. It also contains a record of delinquencies in the
military tax.389
Militia Fines, 1858-1921. Title varies: Military Exonerations; Ab-
sentee Fines.
This is a record of fines collected from those who refused military duty,
showing the names of civil division and collector, date, amount of fine, and
name of person refusing to perform military service.390
385 1879 P. L. 146 sec. 2 rep. 1929 P. L. 1278 sec. 1951 but reen. in sec. 756 am. 1933
P. L. 958. These are almost always entered in the Commissioners’ Minute Book.
888 This is not a required record, and is not often found.
887 These are not required records and vary greatly in different counties.
803 Earlier muster rolls and militia lists, particularly for the Revolutionary War
period, are frequently found.
389 1858 P. L. 421 secs. 2, 3 rep. 1887 P. L. 23 sec. 135 but reen. in secs. 111-115 sup.
1899 P. L. 266 secs. 2-6 rep. 1921 P. L. 54 No. 27 sec. 1 ; 1864 P. L. 222 sec. 2 rep.
1887 P. L. 23 sec. 135.
390 This is very seldom kept as a separate record, but is usually entered on the
Military Roll.
COUNTY COMMISSIONERS
139
Civil War Military Records 891
Bounty Records, 1862-65.
A number of counties were authorized to pay bounties to residents of the
county who entered the Union Army. The records vary greatly and include
the following : lists of men affected by the bounty, bounty warrants, bonds
issued to cover the cost of bounties, and receipts for interest paid to volun-
teers on deferred payment of bounties.
Records of Soldiers’ Relief, 1861-65. Title varies: Payroll Relief
Fund; Soldiers’ Accounts; Application for Relief; Relief Receipt
Book; Relief Accounts.
In some cases the counties gave relief to families of enlisted men. These
papers relate to such matters and usually give the soldier’s name, name
and address of his family, amount of relief, date it was received, and signa-
ture of recipient.
Burial Records
Veterans’ Burial, 1885-1921.
This record contains transcripts of reports made by the persons in charge
of the burial of veterans who died within the county. The information in
these reports is as follows: name of deceased soldier, sailor, or marine;
rank or command at time of service ; last occupation ; date of death ; and
place of burial. There is also included an itemized statement of the expenses
of burial which is signed by three witnesses.392
Widows’ Burial, 1915-23.
These are transcriptions of reports similar to those in Veterans’ Burial,
but dealing with the burial of the widows of former soldiers, sailors, and
marines.393
Applications for Burial of Soldiers and their Widows, 1885 — .
Title varies; Soldiers’ Burial; Veterans’ Burial Allowances.
These are the applications received by the commissioners for the burial of
veterans since 1885 and of their widows since 1915. The information on
801 None of these records from the Civil War were required by law, and most of them
reflect the provisions of special laws.
882 1885 P. L. 17 secs. 2, 3 am. 1909 P. L. 152 secs. 2, 3 further am. 1911 P. L. 875
sec. 2 rep. 1915 P. L. 870 sec. 8 but reen. in sec. 2, 3 rep. 1921 P. L. 473 sec. 8.
393 1915 P. L. 132 secs. 2, 3 rep. 1923 P. L. 60 sec. 4. This record may be combined
with Veterans’ Burial.
140
COUNTY GOVERNMENT
their applications includes the date and number of the application ;
veteran’s name, occupation, and service record ; appraisement of veteran’s
real and personal property; date and place of burial; and itemized state-
ment of burial expenses. With the applications are a statement of amount
appropriated, certification with notary’s seal and signature, approval and
signatures of commissioners, and undertaker’s receipt.304
Veterans’ Grave Markers, 1885 — .
The petitions for headstones and markers for veterans’ graves are some-
times preserved. Each application shows name and service record of de-
ceased veteran, date and place of death and burial, signatures of applicant
and approver, certification, and date. With each petition is usually kept
the order of the county commissioners to erect marker. This order shows
date of approval, cost of marker, and certificate of erection showing com-
pletion of order.305
Register of Veterans’ Graves
Veterans’ Grave Register, 1775 — (completed during or after 1929).
Title varies: Cemetery Plot Book.
This record deals with the places within the county where veterans of all
wars are buried. It shows the veteran’s name, branch and length of serv-
ice, military record, dates of birth and death, name of cemetery, location of
grave, type of marker, name of informer, and date when information was
secured. This information is entered on forms prescribed by the Depart-
ment of Military Affairs.306
Veterans’ Grave Registration Maps, prepared during or after 1929.
Such a record usually consists of separate maps of the various cemeteries
in the county in which veterans have been buried. They indicate the loca-
tion of cemetery and grave and give the plot and grave numbers, and the
registration number of the grave. The war in which the veteran served is
3M This is not a required record, but such applications have been kept in a number
of counties.
*“ 1885 P. L. 17 sec. 4 rep. 1915 P. L. 870 sec. 8 but reen. in sec. 5 am. 1921 P. L.
473 sec. 5 further am. 1923 P. L. 82 further am. 1923 P. L. 937 sec. 1 sup. 1925 P. L.
676 sec. 6 rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 sec. 426 am. 1931 P. L. 401
sec. 1 further am. 1933 P. L. 957 further am. 1935 P. L. 683 sec. 5 further am. 1939
P. L. 339; Attorney General's Opinions, vol. 1895-96, p. 107.
8M 1929 P. L. 609 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 439 added 1931
P. L. 401 sec. 16 am. 1937 P. L. 329 ; 1937 P. L. 399.
COUNTY COMMISSIONERS
141
also noted. Sometimes a key map of the county has been prepared which
shows the location of the cemeteries in relation to each other.397
SHEEP AND BOUNTY PAYMENTS
Bounty Claims, prior to 1927 except in sixth, seventh, and eighth-
class counties. Title varies: Scalps; Fox Bounty; Scalp Certifi-
cates.
These records usually consist of the sworn statements of justices of the
peace attesting to the killing of noxious animals for which a bounty was
paid. These affidavits shows the date, name of claimant to bounty, the
township, species of animal killed, signatures of justice of the peace and
witnesses, and amount of bounty.398
Bounty Orders, Vouchers, and Receipts, prior to 1927.
This record contains the orders and numbers authorizing the payment of
bounties. In some cases receipts for bounty payment are also included.399
Bounty Record, prior to 1927. Title varies: Day Book.
This is a record of claims for bounties. It usually shows date claim was
made, names of claimant and justice of the peace, location of the kill, kind
and number of animals killed, amount of bounty, and claim number.
Claims for Damages to Sheep, prior to 1921. Title varies: Live
Stock Damages, Sheep Orders and Certificates.
This record consists of the original affidavits, certificates, and reports of
investigations in claims of sheep damages caused by dogs. It shows the
date ; type of instrument ; names of claimant, dog owner, investigators,
and justice of the peace ; the number of sheep killed ; amount and date of
damages ; date paid ; official signatures, and date filed.400
397 These maps are not required to be made, but have been prepared in a number
of counties.
398 j 782, X St. at L 460 rep. 1806 P. L. 411, 4 Sm.L. 288 sec. 2 sup. in sec. 1 am. 1807
P. L. 3, 4 Sm.L. 357 sup. 1819 P. L. 114, 9 Sm.L. 173 rep. in part 1844 P. L. 190
wholly rep. 1885 P. L. 141 sec. 5 but reen. as am. in secs. 1-4 rep. 1887 P. L. 116 sec.
2 but reen. in sec. 1 am. 1889 P. L. 54 further am. 1897 P. L. 223 sec. 5 rep. 1927
P. L. 778 No. 104; 1929 P. L. 1278 sec. 491.1 added 1937 P. L. 1190 sec. 1. Some
counties have not kept any records concerning bounties.
399 This record, and the remaining sheep and bounty records, are not found in
every county.
400 1878 P. L. 198 No. 131 sec. 8; 1889 P. L. 222 rep. 1917 P. L. 818 sec. 41 ; 1893 P.
L. 136 No. 88 am. 1901 P. L. 92 further am. 1911 P. L. 968 secs. 1, 2 further am. 1915
P. L. 791 rep. 1917 P. L. 818 sec. 41 but reen. as am. in secs. 4, 5, 15, 16, 28, 31, 34
rep. 1921 P. L. 522 sec. 43.
142
COUNTY GOVERNMENT
Orders and Vouchers for Sheep Damages, prior to 1921. Title
varies : Sheep.
The actual orders and vouchers for the payment of damages to sheep are
often preserved. The vouchers show the names of justice of the peace,
claimant, and civil division; date and number of sheep killed or injured;
value of sheep ; dates of issue and payment ; official signatures ; and voucher
number. The orders show the order number, amount of damage, names of
county treasurer and payee, date filed, and signatures of two of the county
commissioners and their clerk.
SUPERVISION OVER COUNTY EXPENDITURES 401
Account Book, dates from the origin of the county. Title varies:
Ledger ; Journal ; Commissioners’ Fund Ledger ; Return Taxes Paid.
This is an itemized account of all the receipts and expenditures of the
county.402
Orders, dates from the origin of the county. Title varies: Vouchers;
Bills; Warrants.
These consist of orders and bills for supplies, services rendered, and
salaries of county officials. It shows the date issued, itemized statement
of all matters covered, total amount of bill, signature of person presenting
bill, order number, date of approval, and the names of the commissioners
approving.403
Register of Orders, dates from the origin of the county. Title
varies : County Commissioners’ Warrant Book ; Ledger ; Day Book :
Record of Disbursements.
This book is a record of all orders drawn, usually showing the date, order
401 Accounts are kept by the commissioners’ clerk, 1799, 3 Sm.L. 393 secs. 11, 12 sup.
1834 P. L. 537 sec. 20 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 110. In counties
with a controller, the form of keeping accounts is prescribed by the controller who may
inspect them at any time, 1929 P. L. 1278 secs. 341, 342, 344.
403 This record is kept in many different forms in the various counties and even in
the same county during different periods of its existence. In many counties, the com-
missioners keep separate account books for different types of expenditures, such as
Road and Bridge Expenses, Accounts of Maintenance of County Inmates, Expendi-
tures for Maintenance of County Wards in Institutions and Homes, etc.
403 The commissioners are not required to keep these papers, which are, therefore,
not found in every county. In many counties, orders are filed separately according to
the purpose for which they were issued. Examples of these are Orders for Payment
of Bounties, Road and Bridge Orders, Commonwealth Orders, Orders to Pay Election
Officials, Criminal Expenditures, County Home Orders, Institution District Orders,
Road Supervisors’ Meeting Orders, Teachers’ Institute Orders, and many others.
COUNTY COMMISSIONERS
143
number, name of drawee, purpose, amount, and signature of the county
commissioners.404
Treasurers’ Receipts. Title varies: Receipt Book; Record Report
and Receipt Book.
The receipts from the county treasurer for money received are filed here.
Each one shows the receipt number, date, costs or fees, amount received,
names of county commissioners, and signature of treasurer. In counties
with a controller, his signature also appears.405
Treasurers’ Reports, dates from the origin of the county. Title
varies: Report and Receipt Book; Record; Old Treasurers’ Papers.
These are the reports made by the treasurer of all money received and
disbursed by him.406
County Budget, may date from the origin of the county.
The annual estimates of the probable expenditures of the county for the
ensuing year are often kept on file. The budget shows both the appro-
priations required for the various funds and departments of the county
and the expected amounts and sources of revenue.407
Forest Fire Accounts, 1870-1925.
This is a record of the expenses incurred in fighting forest fires, showing
the date and place of fire, names of fire warden and fighters, hours worked
by each, amount of compensation to each, date paid, and county commis-
sioners’ signatures. In counties with a controller, his signature also ap-
pears on this record.408
404 This is not a required record, and is not kept in every county.
405 These receipts are not kept seperately in every county.
406 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732, IV St. at L.
234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P. L. 537 sec. 37 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 362. In counties with a controller similiar reports are made
to the controller instead of to the county commissioners, 1895 P. L. 403 No. 288 sec.
13 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 347.
407 1717-18, III St. at L. 175 sec. 2; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P. L. 509 sec.
1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 361 am. 1935 P. L. 1184 sec. 2; 1929
P. L. 1278 sec. 346 am. 1935 P. L. 1184 sec. 2. Filing copies of the budget is not
obligatory, so they will not be found in every county.
408 1870 P. L. 1316 am. 1897 P. L. 295 rep. 1925 P. L. 88 No. 57, 58; 1907 P. L. 101
secs. 3, 4 rep. 1909 P. L. 514 sec. 2; 1909 P. L. 781 sec. 11 rep. 1915 P. L. 797.
144
COUNTY GOVERNMENT
Bills for Forest Fire Extinction, 1870-1925.
The bills rendered to the county commissioners for services in fighting
fires are here filed. Each bill shows the date of fire, names of fire-fighters,
number of hours of service, rate per hour, total amount due, and date ap-
proved. In counties with a controller, his signature is affixed.409
Primary Election Expenditures, 1906-15.
This is an itemized account of all the expenses incurred in the holding of
primary elections.410
Commissioners’ Expense Accounts, may date from origin of the
county.
This is a record of the expenses incurred by the commissioners in the
performance of their official duties. Most of these expenses are for travel.
The record shows the name of the commissioner, day of trip, destination,
mileage, and amount of expense.411
Sheriff’s Statements, may date from origin of the county.412
These are the annual statements from the sheriff for the care and main-
tenance of the inmates of the county jail. They show the date, name and
number of every prisoner, time spent in jail by each prisoner, rate per day,
number of days, and all items of expenditures.413
Compensation of Jurors. Title varies: Jurors’ Record.
This is a record of payments to individuals for jury service. It shows the
name and address of each juror, dates served, court term, mileage allowed,
order number, and the amount paid.414
109 Since preserving the actual bills was not compulsory, they are not found in every
county, and when they have been kept, it was not often for the full period of county
participation in the payment of fire wardens.
410 1906 (Sp. Sess.) P. L. 36 sec. 9 rep. 1913 P. L. 719 sec. 25 but reen. in sec. 12
rep. 1915 P. L. 638 sec. 2. These accounts were kept separately because during this
period the State reimbursed the county for these expenditures. They did not have to
be preserved, but in some counties were kept on file after the need for them had
passed.
411 These accounts were very seldom kept on file.
4,:: These records were kept during the period when the sheriff acted as jail warden.
See essay on Jail or Prison Warden.
413 For information concerning the record, See essay on Jail or Prison Warden.
414 This is not a required record and is very seldom filed separately.
COUNTY COMMISSIONERS
145
MISCELLANEOUS
Miscellaneous Petitions, 1876 — ,415
These consist of petitions for the building of canals or waterways,416 the
construction of memorial halls,417 the erection or completion of soldiers’
monuments,418 the purchase and freeing of toll roads and bridges,419 the
construction of a county tuberculosis hospital 420 or hospital for women
with nervous diseases,421 the setting up of a county mosquito extermination
commission,422 and the appointment of township tax collectors to fill
vacancies.423
Petitions for Free Schooling, from 1804 until the Free School
Act 424 was accepted by the county.425 Title varies : Appeal Book.
These are petitions to the county commissioners for county aid in the
education of poor children. They show the names and addresses of parents
or guardians of the children, and the children’s names and ages.426
Expenses for the Education of Poor Children, from 1804 until the
Free School Act was adopted by the county.
A record of the expenditures for the education of poor children is found
here. The information contained includes the date, the children’s names,
415 All of these kinds of petitions are very seldom found in any one county. Often
all petitions of the same type are filed together and a suitable title is affixed.
116 1929 P. L. 1278 secs. 471-477.
417 1907 P. L. 148 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 592-600; 1909
P. L. 18 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 601, 602.
"s 1895 P. L. 96 sec. 1 am. 1901 P. L. 184 further am. 1903 P. L. 136 No. 97 further
am. 1911 P. L. 53 further am. 1915 P. L. 487 rep. 1929 P. L. 1278 sec. 1051; 1913
P. L. 207 No. 145 rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 sec. 592.
419 1876 P. L. 131; 1899 P. L. 79 secs. 1, 8; 1909 P. L. 73; 1911 P. L. 109 sec. 1;
1919 P. L. 199; all rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 811-813; 1929
P. L. 1278 sec. 941.
420 1921 P. L. 944 rep. 1925 P. L. 65 sec. 14 but reen. in secs. 1-13 rep. 1929 P. L.
1278 sec. 1051 but reen in secs. 622-633.
421 1929 P. L. 38.
422 1935 P. L. 641.
423 1933 P. L. 103 sec. 423 am. 1935 P. L. 1205.
424 1834 P. L. 170 No. 102; 1836 P. L. 525.
425 In counties which did not accept the Free School Act, such petitions were received
until as late as 1854.
4-6 1804, XVII St. at L. 720, ch. 2565 sec. 2 (in effect for 3 years) ; 1809, 5 Sm.L.
73; 1824 P. L. 537 sec. 67 rep. 1826 P. L. 52 which revised the act of 1809 sup. 1854
P. L. 617. Today these old petitions are found in very few counties.
146
COUNTY GOVERNMENT
number of days attended by each child, location of school, amount of
tuition, and teacher’s signature.427
Newspaper Files, 1893-1929.
These consist of copies of as many as three weekly newspapers published
in the county. They are arranged chronologically and bound.428
Proof of Publication.
Copies of newspapers are sometimes saved in order to give proof of the
publication of notices which the law requires to be published.429
Compass Deviations, 1850 — -. Title varies : Surveyor’s Record; Sur-
veyor’s Journal.
In this book every surveyor of the county enters annually the deviation
of his compass from the true meridian. The information contained in
this record includes the amount of variation, whether the deviation is east
or west, the date on which instrument was adjusted, and the surveyor’s
signature.430
Mine Examiners’ Certificates, 1901-21.
These certificates, kept only in Lackawanna, Luzerne, Carbon, Schuylkill,
Northumberland, and Columbia counties, were prepared by the mine exam-
iners. Before anyone was permitted to be a candidate for the office of mine
inspector, his certificate had to be on file with the commissioners of his
county. On each candidate’s certificate is the following information : the
names of all applicants who passed the mine inspector’s examination, the
names of those who answered 90 per cent or more of the questions, the
name of each applicant, the questions asked him, and the questions
answered. The certificate bears the signatures of four of the five mine
inspectors.431
Maps.
In many counties various maps are found in the commissioners’ office.
These include maps of the county road system, mining maps, maps of
127 These expenses usually were recorded in the general account books of the county.
429 1893 P. L. 105 rep. 1929 P. L. 1278 sec. 1051.
42" These are often kept by the commissioners for convenience.
430 1850 P. L. 594 sec. 4.
431 1891 P. L. 176 art. II sec. 8 am. 1901 P. L. 535 rep. 1921 P. L. 831 No. 290 sec.
18; Attorney General’s Opinions, vol. 1915-16, pp. 414, 415.
COUNTY COMMISSIONERS
147
Pennsylvania, and maps of one or more of the political subdivisions of the
county. Some of these maps are printed and others are handdrawn.432
Census, 1800 — .
This census is made by the assessors every 7 years. It lists the district
number ; the name, age, race, and sex of every inhabitant ; the signature
of the enumerator; and the date filed. Originally slaves were listed sepa-
rately. The deaf and dumb and the blind are still listed separately.433
Opinions of the County Solicitor, usually dates from the establish-
ment in the county of the office of solicitor.
This record shows the subject matter of the opinion, the questions raised,
references to similar cases, the governing acts of assembly, the date, and
the solicitor’s signature.434
Annual Report of the County Tuberculosis Hospital, from the estab-
lishment of such a hospital in the county.
This is a copy of the annual report of the advisory board of the county
tuberculosis hospital. The information contained includes the date of re-
port, description of the hospital, historical background, recommendations
for the future, a summary and statistical analysis of medical work done
during the year, financial report of the hospital, and signatures of super-
intendent of hospital and chairman of advisory board.435
Court Orders.
These are court orders requiring the commissioners to increase salaries,
make purchases, issue bonds, and raise money by public subscription for
reputable charitable organizations. They show court term, date, type of
order, judge’s signature, and date filed.436
43‘ The keeping of these maps is not obligatory, but they are frequently found among
the commissioners’ papers.
433 1800, XVI St. at L. 434; 1807, XVIII St. at L. 437; 1821 P. L. 4, 7 Sm.L. 341
sec. 1 ; 1821 P. L. 98, 7 Sm.L. 393 sec. 1 ; 1836 P. L. 328 sec. 2. Today this record is
almost never found.
434 There are no legislative requirements for the making or preserving of these
papers, but they are frequently kept on file.
4,5 1921 P. L. 944 sec. 8 rep. 1925 P. L. 65 sec. 14 but reen. as am. in sec. 3 rep
1929 P. L. 1278 sec. 1051 but reen. in sec. 624.
436 This is not a required record and is infrequently kept.
148
COUNTY GOVERNMENT
Reports of Coroners’ Inquests. Title varies: Inquisitions.
The reports of coroners’ inquests are often filed with the county commis-
sioners. They show the place where inquest was held, date of inquest,
names of deceased and witnesses, the testimony, place and circumstances
of death, coroner’s decision and signature, and fees of coroner and
others.437
Liquid Fuel Tax Report, 1931 — .
In a few counties the commissioners have placed on file duplicate copies of
their semi-annual report to the Department of Revenue on the use of
moneys received from the liquid fuel fund. These reports show the amount
received, give an itemized account of the expenditure of this money, and
state the balance remaining in the fund. They are signed by the county
commissioners and the treasurer or controller.438
This is not a required record, but it is frequently found.
1931 P. L. 149 sec. 10 am. 1935 P. L. 412 further am. 1939 P. L. 634. Since the
preserving of copies of these reports is not obligatory they are seldom found.
Ill
Registration commission
Evolution and Structural Organisation. In the colonial period a person
had to possess certain property and residential qualifications in order to
be classed as an elector.1 After 1766 the elected inspectors of election ad-
ministered an oath to every prospective voter whose right to cast a ballot
was questioned. Anyone who refused to take an oath was not permitted
to vote. The county commissioners provided the election officials with a
list of the “names and rates of all taxables” in each district, which was
used for passing upon the qualifications of electors. Provision was made
for marking the tax list to indicate that a person had voted.2 After 1840
the regular assessors were required to prepare annually a register of voters
and to check on each household to see that the persons whose names were
on the tax list actually resided there and were entitled to vote. Applications
from persons whose names were omitted from the register might be made in
person to the assessor at various times.3 Special registry assessors were
elected to perform these duties after 1874 except in municipalities and
wards made up of only one election district.4 * 6
Two laws of 1906 brought about the adoption of a system of personal
1 Duke of York’s Book of Laws, September 22, 1676, in Charter to William Penn,
p. 51 ; Laws Agreed upon in England, May 5, 1682, in Charter to William Penn, p. 99,
secs. 2, 3; The Body of Laws, December 7, 1682, in Charter to William Penn, p. 121,
ch. LVII, LVIII ; 1700, II St. at L. 24 ch. XXVIII sec. 1; 1705-6, II St. at L. 212
sec. 3.
" 1766, VII St. at L. 32 secs. 5, 8; 1799, 3 Sm.L. 340 secs. 1, 9 rep. 1839 P. L. 519
sec. 174 reen. as am. in secs. 6, 19, 20, 21, 63-66, 98 rep. 1937 P. L. 1333 sec. 1901 ;
1803 P. L. 669, 4 Sm.L. 100 sec. 5 rep. 1839 P. L. 519 sec. 174; 1874 P. L. 44 sec. 3
rep. 1937 P. L. 1333 sec. 1901 ; 1893 P. L. 419 sec. 27 rep. 1937 P. L. 1333 sec. 1901.
3 1840 P. L. 683 sec. 3 rep. 1937 P. L. 1333 sec. 1901 ; 1874 P. L. 31 secs. 1, 2 am.
1891 P. L. 134 secs. 1, 2 further am. 1895 P. L. 75 sec. 1 further am. 1933-34 (Sp.
Sess.) P. L. 236 secs. 1, 2 rep. 1937 P. L. 487 sec. 46(2, 4, 7, 14).
4 1874 P. L. 31 sec. 1 am. 1891 P. L. 134 rep. 1937 P. L. 487 sec. 46(a) and 1937 P. L.
1333 sec. 1901; 1874 P. L. 31 secs. 15, 18 am. 1933-34 (Sp. Sess.) P. L. 236 secs. 5,
6 rep. 1937 P. L. 487 sec. 46(2, 14).
149
150
COUNTY GOVERNMENT
registration of voters in cities of the first, second,5 and third classes.6 In
both cases registration of electors had to be made in person before regis-
trars. Every year the prospective voter was obliged to reappear and re-
register on one of the appointed registration days. The commissioners of
every county containing a third-class city appointed the registrars, two for
each ward or election precinct.
Before 1935 two systems of registering voters were used in Pennsyl-
vania : personal registration in the cities and registration by assessors in
the boroughs and townships. A group of laws designed to provide uniform
system for the permanent registration of electors in all political divisions
of the State was passed in 1935 and 1937. Permanent registration was
adopted for third-class cities in 1935, 7 and for boroughs and townships in
1937.8 The agency in charge of registration is the registration commis-
sion, which is made up of the county commissioners, who receive no addi-
tional compensation for their work in this capacity.9
Powers and Duties. The permanent registration of electors is carried
on under the supervision of the commission, which may appoint registrars
to aid it. The number of registrars and their compensation is determined
by the salary board, and county employees may be required to act as
registrars without additional remuneration.10 Registration may take place
at the office of the commission at any time except during a designated
period just before, during, and after the primaries and elections. Two or
more registrars must be sent at least twice a year to each city in the county
to register prospective voters. At its own discretion or upon petition of
at least 100 qualified electors of a given borough or township, the com-
mission arranges for a similar registration within the municipality con-
5 1906 (Sp. Sess.) P. L. 49 am. 1911 P. L. 993 further am. 1913 P. L. 249 No. 274
rep. 1913 P. L. 977 No. 452 sec. 19 reen. as am. in secs. 1-18 rep. as to first-class cities
1919 P. L. 857 sec. 52 but reen. for first-class cities in secs. 1-51 rep. 1933-34 (Sp.
Sess.) P. L. 140 sec. 45 further rep. 1933-34 (Sp. Sess.) P. L. 250 sec. 44.
“ 1906 (Sp. Sess.) P. L. 63 am. 1911 P. L. 1014 further am. 1921 P. L. 977 further
am. 1923 P. L. 148 rep. 1935 P. L. 478 No. 195 sec. 41.
7 1935 P. L. 478 No. 195 rep. 1937 P. L. 849 sec. 47(a) hut reen. as am. in secs. 1-46.
" 1937 P. L. 487.
'‘Ibid., sec. 3(a, b) ; 1937 P. L. 849 sec. 4(a, d). There is a special registration
commission for cities of second-class A. It consists of four persons appointed by the
Governor with the advice and consent of the State Senate, 1933-34 (Sp. Sess.) P. L.
140 rep. 1937 P. L. 1132 sec. 47 but reen. as am. in secs. 1-46.
10 1937 P. L. 487 sec. 5 (a, b-1, c, d) ; 1937 P. L. 849 sec. 6 (a, b-1, c, d).
REGISTRATION COMMISSION
151
cerned. Polling places, schools, and municipal buildings may be used for
this purpose.* 11
In order to register one must possess the qualifications for voting.12 The
person desiring to register subscribes to a registration affidavit and his
answers to questions are entered on cards, the wording of which is stipu-
lated by law and the form prescribed by the Secretary of the Common-
wealth.13 These are filled out in duplicate for each applicant. The originals
are placed in the District Register and the duplicates in the General Reg-
ister. The former consists of the cards from the election district and the
latter of all the cards from the county. They are arranged alphabetically
in each register and kept at the office of the commission. The General
Register may be removed only upon order of the court and is kept locked,
but the District Registers are open to public inspection and are removed
to the respective polling places for each primary and election.14 After a
person registers he never needs to re-register unless he moves from the
district or fails to vote at all during a 2-year period.15 At the various regis-
trations any elector may change his political affiliations.16 Transfer of regis-
tration within the county or election district is effected merely by sending
a removal notice to the commission before a designated date prior to the
primary or election at which one wishes to vote.17 The commission hears
appeals of rejected applicants.18
The registration commission is required to make a checkup of registra-
tion at least once in 4 years, either by notices mailed to registrants, by re-
quired reports from postmen, or by visits of an inspector to each building
from which an elector is registered. Inspectors, like registrars, are ap-
pointed by the commission. When an investigation by any of these methods
seems to show that the registrant is not located at the address from which
he has registered, his registration is canceled unless he proves his right
11 1937 P. L. 487 sec. 16; 1937 P. L. 849 sec. 17.
12 1937 P. L. 1333 sec. 701.
13 1937 P. L. 487 sec. 17(a-c) ; 1937 P. L. 849 sec. 18(a-c).
14 1937 P. L. 487 sec. 18; 1937 P. L. 487 sec. 24 am. 1939 P. L. 278; 1937 P. L. 487
sec. 25; 1937 P. L. 849 sec. 19; 1937 P. L. 849 sec. 25 am. 1939 P. L. 276; 1937 P. L.
849 sec. 26.
16 1937 P. L. 487 sec. 19; 1937 P. L. 849 sec. 20.
19 1937 P. L. 487 sec. 28 am. 1939 P. L. 281; 1937 P. L. 849 sec. 29 am. 1939 P.
L. 280.
11 1937 P. L. 487 secs. 26, 27 am. 1939 P. L. 606; 1937 P. L. 849 sec. 27, 28 am. 1939
P. L. 602.
13 1937 P. L. 487 sec. 23 ; 1937 P. L. 849 sec. 24.
152
COUNTY GOVERNMENT
to it.19 Within 30 days before every primary and election the commission
corrects the general and district registers from the information which has
been received.20
The commission delivers the locked District Registers to the election
officers on election days. Any person whose card is in the register and who
signs the voters’ certificate with a signature which appears the same as
that on the voters’ card in the register may vote unless the election officers
are satisfied that he has moved from the district or given or received an
election bribe. The voters’ certificates are placed in a locked binder known
as the Voting Check List. After the election the judge of election takes
the Voting Check List and the District Register to the registration com-
mission. The commission examines the contents of both and reports
any indication of fraud to the district attorney.21 It may subpoena wit-
nesses, question any person concerning registration matters, and require
the production of relevant books and papers. Any member of the commis-
sion may administer oaths to persons testifying before the commission.22
Before the board of elections meets to compute and canvass returns, the
registration commission must certify to it the total registration of each
election district. After primaries it must provide the board with the enroll-
ment by political parties. The board compares these figures with the num-
ber of ballots cast to determine whether fraud has been practiced.23
Within 3 weeks after each general municipal election, the registration
commission sends a notice to everyone who has not voted for 2 years. His
registration will be canceled unless he files with the commission a writ-
ten request for reinstatement. Reinstatement, after cancellation has oc-
curred, takes place when the applicant follows the procedure of his first
registration.24
The commission may make any rules and regulations dealing with regis-
tration which are not inconsistent with the laws of the Commonwealth.25
It may appoint employees, including registrars, inspector, and a chief
clerk, and the members of the commission may themselves perform the
1937 P. L. 487 secs. 30, 31 ; 1937 P. L. 849 secs. 31, 32.
•" 1937 P. L. 487 sec. 32(a) am. 1939 P. L. 446; 1937 P. L. 849 sec. 33 am. 1939
P L. 443.
21 1937 P. L. 487 secs. 35-37; 1937 P. L. 849 secs. 36-38.
12 1937 P. L. 487 secs. 4(c, d), 43; 1937 P. L. 849 sec. 5(c, d), 44.
21 1937 P. L. 1333 sec. 1404(b).
1937 P. L. 487 sec. 38; 1937 P. L. 849 sec. 39.
25 1937 P. L. 487 sec. 4(a) ; 1937 P. L. 849 sec. 5(a).
REGISTRATION COMMISSION
153
functions of registrars and inspectors.26 All funds for the work of the
registration commission are secured from appropriations made by the
county commissioners, who also provide it with funds for suitable offices
and supplies.27 The commission must permit watchers and attorneys for
each candidate to attend its sessions and be present at the registration of
electors.28 Appeals from the decisions of the commission are taken to the
court of common pleas.29
Records. All records and documents of the commission are open to the
public.30 Any record not essential for maintaining the current status of any
qualified voter may be destroyed by the commission after 3 years.31
Minute Book, 1935 — in counties containing one or more third-
class cities ; 1937 — in other counties.32
Minutes of the registration commission, showing date and place of meet-
ing, members present, business transacted, and signature of secretary.33
District Register, 1935— in counties containing one or more third-
class cities ; 1937 — - in other counties.
This record consists of the original registry cards for every registered
voter in the county. The following information is given for each applicant :
full name ; occupation ; full address ; length of residence in the county ;
former place of residence; sex; color; state or territory of birth if in
United States; country of birth if the applicant is foreign-born; the time,
place, and court where he was naturalized ; the number of his naturaliza-
tion certificate ; derivative naturalization ; if assistance is required in voting
because of illiteracy or physical disability; the designation of his political
party to entitle him to vote in primaries ; the affidavit of registration ; the
height, color of hair and eyes, and date of birth of applicant ; and whether
or not he is a Federal or State employee. It is signed by the elector and
the registrar and contains spaces for entering a record of the voters’ change
of address and of the primaries and elections at which he votes. These
26 1937 P. L. 487 secs. 5(e, f), 7(a), 9; 1937 P. L. 849 secs. 6(e, f), 8(a), 10.
27 1937 P. L. 487 sec. 7(b) ; 1937 P. L. 849 sec. 8(b).
28 1937 P. L. 487 secs. 13, 14; 1937 P. L. 849 secs. 14, 15.
29 1937 P. L. 487 secs. 41, 42; 1937 P. L. 849 secs. 42, 43.
89 1937 P. L. 487 sec. 12; 1937 P. L. 849 sec. 13.
81 1937 P. L. 487 sec. 39 am. 1939 P. L. 292; 1937 P. L. 849 sec. 40 am. 1939 P.
L. 290.
8' This record is not always kept separately, but may be found in the Commissioners’
Minute Book.
33 1937 P. L. 487 sec. 3(d) ; 1937 P. L. 849 sec. 4(c).
154
COUNTY GOVERNMENT
cards are filed alphabetically by the name of the voter within each election
district.34
General Register, 1935 — in counties containing one or more third-
class cities; 1937 — in other counties. Title varies: Register Boxes;
General File ; Permanent Registration Index.
This record contains the duplicates of the cards which make up the Dis-
trict Register. Accompanying the duplicate registration card of any one
unable to sign his name are affidavits of two persons acquainted with the
registrant. The duplicate registration cards are filed alphabetically for the
entire county.35
Rejected Registration Cards, kept for 2 years. Title varies: Void
Cards ; Certificate of Registration.
These cards are partially filled out before the applicants were rejected.30
Canceled Registration Cards, kept for 5 years after the registration
is canceled. Title varies: Elector's Cards Removed from Files.
These consist of the cards taken from the District Register and the General
Register when a registrant loses his right to vote.37
Voting Check List, 1935 — in counties containing one or more third-
class cities; 1937 — in other counties. Title varies: Voters’ Cer-
tificates.
After every primary or election, all the voters’ certificates from each dis-
trict are placed together in a binder. Each certificate contains the follow-
ing information: date of the primary or election; signature and address
of voter, signature of election officer, number of ballot stub or number of
admission to voting machine, and party membership if it is a primary
election.38
Street Lists, kept 3 years, two copies of each.
These are lists prepared for each election district, and arranged by streets
34 1937 P. L. 487 see. 18; 1937 P. L. 487 sec. 24 am. 1939 P. L. 278; 1937 P. L. 487
sec. 25; 1937 P. L. 849 sec. 19; 1937 P. L. 487 sec. 25 am. 1939 P. L. 276; 1937
P. L. 849 sec. 26.
“ 1937 P. L. 487 sec. 18; 1937 P. L. 487 sec. 24 am. 1939 P. L. 278; 1937 P. L. 487
sec. 25; 1937 P. L. 849 sec. 19; 1937 P. L. 487 sec. 25 am. 1939 P. L. 276; 1937 P. L.
849 sec. 26. There is either one General Register for the entire county or one for
the cities and a second register for boroughs and townships.
" 1937 P. L. 487 secs. 17 (d, e), 22; 1937 P. L. 849 secs. 18(d, e), 23.
37 1937 P. L. 487 sec. 39(a) am. 1939 P. L. 292; 1937 P. L. 849 sec. 40(a) am. 1939
P. L. 290.
14 1937 P. L. 489 sec. 36(f) ; 1937 P. L. 849 sec. 37(f).
REGISTRATION COMMISSION
155
and house numbers. They contain the name, address, and party affiliation
of every qualified elector.39
Reports of Deaths, kept 3 years. Title varies: Vital Statistics.
This consists of a record of deaths of persons over 20 years of age within
the county. It is compiled from information submitted once a week by the
local registrars of vital statistics and shows the name and address of the
elector, sex, color, and the dates of birth and death.40
Removal Reports, kept for 3 years.
Public service companies and municipalities furnishing gas and electricity
to householders report in writing from time to time, on request of the
commission, the names of all persons for whom service was discontinued
and the changes of address if these are known. Real estate brokers, rental
agencies, and moving companies make similar reports.41
Removal Notice, 1935 — in counties containing one or more third-
class cities; 1937 — in other counties.
These are cards sent by registered voters to notify the registration commis-
sion of their changes of address. They show the name of voter, former
and present addresses, election district, date of removal, signature of voter,
and date on which transfer was made.42
Affidavits for Change of Enrollment, kept for 3 years.
These are affidavits of voters who have changed their party enrollment.
Each affidavit shows the election district, the voter’s name, and the names
of old and new parties. It also contains the date of change and the signa-
tures of the applicant and the registrar.43
Correspondence, 1935 — - in counties with one or more third-class
cities, 1937 — in other counties.
Office correspondence and miscellaneous papers pertaining to the business
of the registration office make up this record.44
39 1937 P. L. 487 sec. 32 (b, c) ; 1937 P. L. 487 sec. 33 am. 1939 P. L. 446; 1937
P. L. 849 sec. 33 (b, c) ; 1937 P. L. 849 sec. 34 am. 1939 P. L. 443.
10 1937 P. L. 487 sec. 29 (a, b) ; 1937 P. L. 849 sec. 30 (a, b).
41 1937 P. L. 487 sec. 30(c) am. 1939 P. L. 289; 1937 P. L. 849 sec. 30(c) am. 1939
P. L. 287.
42 1937 P. L. 487 secs. 26, 27 am. 1939 P. L. 606; 1937 P. L. 849 secs. 27, 28 am.
1939 P. L. 602.
43 1937 P. L. 487 sec. 28 am. 1939 P. L. 281; 1937 P. L. 849 sec. 29 am. 1939
P. L. 280.
44 There is no requirement for the keeping of this record, and all counties do not
keep it.
156
COUNTY GOVERNMENT
In some counties the registration commission has retained various rec-
ords formerly kept by the registry assessors of boroughs and townships
and by the registration commissions of third-class cities. These include :
Registry Lists, 1874-1937. Title varies (From 1933 to 1937 these
lists were known as the Ballot Check Lists and the Voting Check
Lists; the latter is a duplicate of the former).
These are based on the Original Registry Lists prepared by the registry
assessors and contain the following information about every qualified voter
of the boroughs and townships : name, address, occupation, political affilia-
tion, whether he is a householder, or a boarder, and the name of his em-
ployer. The list also shows the voter’s naturalization status, whether he is
voting on age, and whether he is a new resident of the district.45
Voting Registers, 1906-35.
Registers of voters in third-class cities are sometimes still found. They
contain the following facts about each registered voter: full name; occu-
pation ; complete address ; whether lodger, lessee, or owner ; length of resi-
dence in the State and district ; place of residence at last registration ; birth-
place ; political affiliation ; whether naturalization papers or tax receipt were
produced; number of affidavit of payment of tax; whether registrant votes
on age ; personal description ; number of challenge affidavit ; and whether he
voted. There was a separate register for each election district.46
Registration Returns, 1925 — .
This consists of tabulated returns made by the registrars, assessors, and
registry assessor and shows for each district the number of men and women
belonging to each political party and the number of native-born, foreign-
born, and colored men and women registered to vote.47
Petitions, 1874 — . Title varies: Petitions Refused.
These are requests received by the county commissioners and the registra-
tion commission to place additional names on the registers and to transfer
registration cards from one district to another.48
1874 P. L. 30 secs. 1-3 am. 1801 P. L. 134 further am. 1895 P. L. 75 further am.
1933-34 (Sp. Sess.) P. L. 236 rep. 1937 P. L. 487 sec. 46(2, 4, 14) ; 1913 P. L. 719
sec. 13 am. 1919 P. L. 839 sec. 3 further am. 1931 P. L. 635.
45 1906 (Sp. Sess.) P. L. 63 am. 1911 P. L. 1014 further am. 1921 P. L. 977 further
am. 1923 P. L. 148 rep. 1935 P. L. 478 No. 195 sec. 41 ; 1913 P. L. 917 sec. 13 am. 1919
P. L. 839 sec. 3 further am. 1931 P. L. 635.
47 1925 P. L. 663.
48 These petitions have been received according to the terms of a number of laws,
which have already been discussed.
IV
County Board of elections
Evolution and Structural Organization. Prior to 1937 the supervision
over elections by county officials was divided among the commissioners,
the sheriff, and the courts. The commissioners provided supplies and paid
the expenses incurred in the conduct of elections,1 prepared ballots,2 and
were almost wholly responsible for primaries.3 Writs authorizing elec-
tions were sent to the sheriff, who announced the date and place and the
offices to be filled.4 The court of quarter sessions divided the county into
election districts,5 and the court of common pleas acted as a return board
except for primaries.6 The courts had in addition a number of duties con-
cerned with contested elections and alleged fraud.7 In 1937, however, many
of the duties pertaining to elections were coordinated under the county
board of elections, a new agency created at that time.8
In each county the commissioners, without compensation, serve as the
county board of elections.9 All decisions of the board are determined by a
" 1 1839 P. L. 519 sec. 93 am. 1840 P. L. 683 sec. 10 further am. 1895 P. L. 290 No.
206; 1840 P. L. 683 sec. 7 sup. 1893 P. L. 419 sec. 10 am. 1895 P. L. 392 sec. 1 ; 1840
P. L. 683 sec. 7 sup. 1983 P. L. 419 sec. 19; 1874 P. L. 31 sec. 22; 1876 P. L. 136 sec.
1 ; 1891 P. L. 349 sec. 19; 1929 P. L. 549 sec. 4 am. 1931 P. L. 1185 sec. 3 further am.
1933 P. L. 846; all rep. 1937 P. L. 1333 sec. 1901.
2 1891 P. L. 349 sec. 1, 13, 16 rep. 1937 P. L. 1333 sec. 1901 ; 1893 P. L. 419 secs. 1,
13 rep. 1937 P. L. 1333 sec. 1901 ; 1893 P. L. 419 sec. 16 am. 1921 P. L. 1079.
“ 1906 P. L. 36 rep. 1913 P. L. 719 sec. 25; 1913 P. L. 719 sec. 4 am. 1915 P. L.
1044 sec. 1; 1913 P. L. 719 sec. 9; 1913 P. L. 719 sec. 10 am. 1919 P. L. 839 sec. 2
further am. 1935 P. L. 74 sec. 1 further am. 1935 P. L. 83 sec. 3; 1913 P. L. 719 sec.
12; 1913 P. L. 719 sec. 14 am. 1919 P. L. 839 sec. 4 further am. 1921 P. L. 669 sec. 1
further am. 1923 P. L. 293 sec. 1 further am. 1923 P. L. 920 sec. 1 further am. 1935
P. L. 74 sec. 2; 1913 P. L. 719 sec. 16; all rep 1937 P. L. 1333 sec. 1901.
4 1839 P. L. 519 secs. 38, 41 ; 1893 P. L. 419 sec. 9 am. 1897 P. L. 223 sec. 5 further
am. 1903 P. L. 338 sec. 1 ; 1893 P. L. 419 sec. 10 am. 1895 P. L. 392 sec. 1 ; all rep.
1937 P. L. 1333 sec. 1901.
6 1739, IV St. at L. 331 sec. 1 ; P. L. 419 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
6 1935 P. L. 246 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
7 1874 P. L. 208 secs. 5, 11, 16; 1906 P. L. 78 secs. 9, 10; 1913 P. L. 719 sec. 15
am. 1919 P. L. 839 sec. 5 further am. 1921 P. L. 1125 sec 1 ; 1913 P. L. 719 sec. 20; all
rep. 1937 P. L. 1333 sec. 1901.
8 1937, P. L. 1333.
“1937 P. L. 1333 sec. 301 (b).
157
158
COUNTY GOVERNMENT
majority vote. The county commissioners furnish the board with suitable
offices at the county seat and any necessary branch offices. Funds needed
for the operation of the board and the conduct of elections, both primary
and general, are secured from appropriations by the commissioners. The
county solicitor acts as counsel for the board.10
Powers and Duties. The county board of elections has almost complete
jurisdiction over the conduct of primary and general elections within the
county. The board selects the polling place for each new election district
and may change the voting place of any district already in existence. If
possible public buildings are used, but if a privately owned place is used,
this agency fixes the amount of rent to be paid. It is the responsibility of
the board to provide necessary light and heat for the polling place and to
furnish it with voting compartments.* 11 All other equipment for elections is
purchased by the board, which is also in charge of storing it while not in
use.12 The board may appoint a chief clerk and as many other employees
is it considers necessary, and it may require that any employee of the
county commissioners’ office act as an employee of the board of elections
without additional compensation.13 Members of the district election boards,
consisting of elected judges and inspectors of election, are paid by the
county board, which also issues certificates of appointment to watchers at
primaries and elections. The board must see that local election officers are
instructed in their duties.14
The routine duties of the board of elections begin before the primaries,
which are held in the spring of even-numbered years and in the fall of
other years.15 The board determines which organizations within the county
are entitled to be considered as political parties. Not later than the tenth
Tuesday before the primary the board sends a list of all such organizations
to the Secretary of the Commonwealth. It then determines the offices for
which candidates are to be nominated in the ensuing primary. This in-
formation is secured from the secretaries of municipalities and school dis-
tricts, from the Secretary of the Commonwealth, and from the State and
county chairmen of every political party. Thereupon the board publishes
newspaper announcements of the date of the primary and the offices to be
10 Ibid., secs. 303, 305, 306.
11 Ibid., secs. 302(b), 526-530; 1937 P. L. 1333 sec. 531 am. 1939 P. L. 215.
12 1937 P. L. 1333 sec. 302(c).
"Ibid., secs. 302(d), 303(b).
"Ibid., secs. 302 (e, g), 401, 404, 405, 412, 414.
“ Ibid., secs. 601-604, 626, 627.
ELECTION BOARD
159
filled.16 Nominating petitions and withdrawals of candidates are sent to
the board,17 whereupon it prepares the ballot, casting lots for each candi-
date's position on the ballot in relation to the other candidates for the
same office.18 The returns of primaries made by the district election officers
are sent to the election board, which tabulates and computes them.19
Ten or more days before each November election the county board of
elections makes newspaper announcements for at least 2 successive weeks
of the date, time, and place of the election, and the offices to be filled.20
Local authorities send to the board officials lists of nominees for local
offices ; the Secretary of the Commonwealth does the same for State and
National offices and sends in addition a copy of the text of any questions
to be voted on in the election.21 The board then has the ballots prepared.
After the Thursday before election day the ballot forms are open to the
public and specimen ballots are available to candidates and political parties
in order that they may print sample ballots for distribution.22
After every primary and general election, the board of elections acts as
a return board. Any member who is himself a candidate may not aid in
the computation and canvass of returns. If two or more of the commis-
sioners are candidates for office, one of the judges, the prothonotary, or
the sheriff may sit on the return board to increase the membership to two.
The board withholds compilation of the vote until the third Friday after
the election in years when electors who are absent on military service are
voting in camp. The computation of returns, usually taking place on the
third day after the election, is held publicly.23 Every candidate may be
present in person or by attorney and may be represented by watchers at
the canvassing and compilation of the vote and at any other session of the
board when matters which may effect his candidacy are being heard.24 The
return board compares the number of registered voters with the number
of votes cast. If the latter figure exceeds the registration of the district in
question, no votes from that district may be counted until an investigation is
16 1937 P. L. 1333 secs. 302(h), 901(b) -906, 916.
"Ibid., secs. 302(j), 913, 914, 978.
18 Ibid., sec. 915.
ie Ibid., secs. 302 (k), 921.
Ibid,, secs. 106, 1201.
21 Ibid., sec. 984.
“Ibid., secs. 1001, 1007, 1008.
“Ibid., secs. 1317, 1402, 1404(a).
M Ibid., sec. 310.
160
COUNTY GOVERNMENT
made.25 The board has extensive powers in this respect. It may issue
subpoenas, summon witnesses, and compel the production of any books,
papers, records, and other evidence pertaining to the election. Each mem-
ber of the board may administer the necessary oaths to persons testifying
before this group. Any regulations not inconsistent with the law may be
made by the board of elections.20
After an investigation into any returns about which there is doubt, the
board may correct the returns according to a recount or exclude the poll
of a district either in its entirety or for the particular office, candidate, ques-
tion, or party for which the excess of votes existed.27 Whenever the cir-
cumstances seem to warrant it, the board reports the facts of the case to
the district atorney.28
At the close of the compilation of the vote, the board publicly announces
the results of the elections and issues certificates of election to the success-
ful candidates for county and local governmental and party offices.29 It
sends to the Secretary of the Commonwealth certificates of the returns for
other officers and for county offices which must be commissioned by the
Govenor.30 Any appeals from the decisions of the board are made to the
court of common pleas.31
A number of miscellaneous duties have been delegated to the county
board of elections. It may petition the court of quarter sessions for the
creation of new election districts or the change of the boundaries of exist-
ing districts.32 It investigates and reports to the court all petitions for such
changes which have been made by the electors of the county. The board
must systematically inspect the conduct of elections within the county in
order to insure that they are honestly, efficiently, and uniformly conducted.
It submits an annual estimate of its expenditures for the following year.
Once a year it sends a report to the Secretary of the Commonwealth in the
form prescribed by him. Part of this report is a statement of the number
of electors registered.33
The county board of elections has supervision over the installation of
10 Ibid., sec. 1404.
20 1937 P. L. 1333 secs. 302(f), 304.
Ibid., sec. 1404.
28 Ibid., sec. 302 (i).
28 Ibid., secs. 302(i), 1404(f).
S0Ibid., secs. 1411-1416,
“ Ibid., sec. 1407.
” Ibid., sec. 503. - ■
** Ibid., sec. 302(a, g, m. n).
ELECTION BOARD
161
voting machines which may be used in the county as a whole or in any of
the cities, boroughs, or townships voting to do so. The board itself may
submit the question of the use of such machines to the electors or it may
place it on the ballot at the request of a borough council, of the commis-
sioners or supervisors of any township, or of a designated number of quali-
fied voters. If the results of such elections are favorable, the board must
purchase and install the machines, prepare them correctly prior to each
election, arrange for the instruction of voters in their use, appoint cus-
todians and inspectors of the machines, and provide for their safekeeping
when not in use.34
The board must perform any other duties which the law requires of it.35
A member who willfully neglects or refuses to perform any of his duties
is guilty of a misdemeanor. Upon conviction he may suffer fine and im-
prisonment.36
Records. All records of the board must be preserved for at least II
months. If the district attorney or a judge states in writing that any par-
ticular records are needed for a longer time for any pending prosecution
or litigation, they must be retained accordingly. Except for the contents of
ballot boxes and voting machines, and the record of assisted voters, all
papers are open to the public. Any qualified voter may inspect them in the
presence of a member or employee of the board.37 In many counties the
board of elections has in its custody the election records formerly kept by
the sheriff, the county commissioners, the clerk of courts, and the pro-
thonotary, but in other counties these records remain with the officials who
formerly kept them.
Minute Book, 1937 — .
This book contains minutes of the meetings of the board of elections show-
ing date, time, and place of each meeting; the business transacted; and
signature of the chief clerk.38
Nomination Petitions, 1906 — . Title varies : Candidates Nomina-
tions.
These are petitions filed with the commissioners by all candidates for nom-
34 Ibid., secs. 1101-1118, 1230.
55 1937 P. L. 1333 sec. 302 (o).
3°Ibid., sec. 1850.
31 Ibid., secs. 308, 309.
“ The law does not require that a separate minute book be kept and in most counties
the minutes of the board are incorporated into the county commissioners’ minutes.
162
COUNTY GOVERNMENT
ination to municipal, county, and party offices. Each of them shows the
name, address, party affiliation, and occupation of the candidate and peti-
tioners ; office sought ; petition number ; and date of filing.30
Record of Nomination Petitions, 1906 — . Title varies: Index — Pe-
titions.
All nomination petitions received by the county commissioners are recorded
in this book, which shows the name, address, occupation, and party affilia-
tion of candidates: office sought by each candidate; date of filing petition;
and petitioner’s position on the ballot.40
Candidates’ Withdrawal Notices, 1893 — .
These are petitions received from candidates for nomination or election in
which they state their intention to withdraw their candidacy. They are
signed by the candidate and acknowledged before an official empowered to
receive oaths.41
Nomination Papers, 1893 — .
When a candidate for municipal, county, or party office is nominated di-
rectly by a political body rather than through a primary election, nominat-
ing papers are filed with the county board of elections. These papers con-
tain the name of the political body; name, address, and occupation of every
candidate nominated by means of the paper ; office for which each candi-
date is nominated ; names and addresses of the committee authorized to fill
vacancies ; and signatures of the persons presenting the nomination paper.42
Objection to Nomination, 1937 — .
These are copies of petitions filed in the court of common pleas setting
forth objections to designated nomination papers on petitions and asking
that the paper or petition be set aside.43
30 1906 (Sp. Sess.) P. L. 36 sec. 5 rep. 1913 P. L. 719 sec. 25 but reen. in sec. 7 am.
1917 P. L. 244 sec. 3 further am. 1919 P. L. 839 sec. 1 further am. 1925 P. L. 361
No. 214 sec. 1 further am. 1931 P. L. 685 No. 251 sec. 1 further am. 1933 P. L. 1106
No. 271 sec. 1 rep. 1937 P. L. 1333 sec. 1901 but reen. in sec. 913.
10 This is not a required record and is very seldom kept.
41 1893 P. L. 419 sec. 7 am. 1919 P. L. 832 sec. 3 further am. 1923 P. L. 67 rep.
1937 P. L. 1333 sec. 1901 but reen. in sec. 914; 1913 P. L. 719 sec. 19 am. 1925 P. L.
361 No. 214 sec. 2 rep. 1937 P. L. 1333 sec. 1901 but reen. in sec. 714.
43 1893 P. L. 419 sec. 5 am. 1897 P. L. 223 sec. 3 further am. 1919 P. L. 832 sec. 1.
This procedure is but rarely followed today and, consequently, such papers are found
in very few counties.
43 1937 P. L. 1333 sec. 977.
ELECTION BOARD
163
Ballot Record, 1937 — .
This is a record of the number of official ballots printed and furnished to
each election district for every primary and election. It shows the number
of stubs and unused and canceled ballots returned after the election and
states what disposition was made of the additional official ballots which
were provided.44
Ballots Cast, 1937 — . Title varies: Official Election Returns. Not
open to public inspection.
The actual ballots cast at the various elections are usually arranged in
bundles according to election districts. They show name of municipality,
ward and district number, candidates’ names, party affiliations, and offices
sought. To each bundle is affixed the signatures of the judge of elections
and the inspectors.45
Voting Machine Records, 1937 — . Title varies: Official Election
Returns. Not open to public inspection.
These are the actual paper rolls on which are registered the choices made
when voting machines are used. Each roll shows the number of the ma-
chine, name of municipality, date of election, candidates’ names, party
affiliations, and offices sought. They are usually placed in separate bundles
according to the election district, with each bundle bearing the signature
of the judge and inspectors of election.40
Soldiers’ Ballots, 1861 — . Not open to public inspection.
These are the ballots cast by those qualified voters of the county who were
absent on military service.47
Detached Soldiers’ Ballots, 1937 — . Not open to public inspection.48
When a qualified voter of the county, absent on military service is separated
from his unit or is in a group consisting of less than 10 electors of the
county, he sends back a single ballot, which is known as a Detached Soldiers’
Ballot.49
“Ibid., sec. 1011.
45 Ibid., sec. 1225.
48 1937 P. L. 1333 secs. 1226-1228.
47 1864 P. L. 990 sec. 17 rep. 1937 P. L. 1333 sec. 1901.
48 These ballots must be preserved for at least a year.
49 1864 P. L. 990 secs. 31-34 rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in sec.
1330. These ballots are not found prior to 1937, because, according to the terms of
the act of 1864, every such ballot was mailed to someone in the soldiers’ own district.
He, in turn, placed it in the ballot box on election day.
164
COUNTY GOVERNMENT
Record of Assisted Voters, 1893 — .50
This record contains the following information about every elector entitled
to receive assistance in voting : his name, a statement of the facts which
entitled him to receive assistance, and name of person who furnished the
assistance.61
Election Returns, 1839 — .52
These are the official results of all elections as prepared by the judges of
election. Each contains the following : names of candidates and districts,
date of election, candidates’ party affiliations and offices sought, number of
votes received by each candidate, name of attesting clerk, and signatures of
inspectors and judges of election.53
Election Record, 1839-1937. Title varies: Election Docket.64
This is a record of the results of all elections as prepared by the prothono-
tary. The information is similar to that in Election Returns.66
Candidates’ Expense Accounts, 1906 — . Title varies: Election
Vouchers.
These are the records of election expenses of candidates for county, local,
and party offices, showing name and residence of candidate concerned, office
sought, an itemized account of his receipts and expenditures, candidate’s
signature, and acknowledgment by subscribing official.58
List of Local Election Officers.
These are lists of the judges and inspectors of elections in each district in
the county57
60 This record is open to the county board of elections and the registration com-
mission only. Other persons may examine it upon the written order of a judge of
the court of common pleas.
51 1893 P. L. 419 sec. 26 am. 1927 P. L. 363 sec. 1 rep. 1937 P. L. 1333 sec. 3501
but reen. in sec. 1218(c).
02 In some counties returns of elections prior to 1937 are still in the prothonotary’s
office.
“ 1839 P. L. 519 sec. 79; 1839 P. L. 519 sec. 83 sup. 1874 P. L. 31 sec. 13 am. 1899
P. L. 127 further am. 1909 P. L. 425 further am. 1923 P. L. 267 No. 171 further am.
1925 P. L. 103; all rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in sec. 1408.
M This record is often found in the prothonotary's office instead of the office of the
board of elections.
“ 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901.
M 1906 P. L. 78 sec. 6 rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in secs.
1607, 1608.
57 This is not a required record, but is frequently kept as a matter of convenience.
ELECTION BOARD
165
Expense Accounts of the Election Board.
These accounts form a record of expenses incurred for the purchase and
storage of election supplies, renting of polling places, and compensation
of local election officers.58
Order to Pay Election Officers.
Among the papers here found are bills covering the election expenses for
each district, showing the names of municipality and district or ward,
date of election, amount due and for what purpose, names of respective
election boards, and signature of judge of election. Also contained in this
record are certificates from landlords, showing location of polling place,
amount of rent, date of use, names of election officials and signature of
landlord.59
Petitions for Special Elections. Title varies : Special Elections.
These are petitions received by the commissioners for the holding of special
elections. They include a sample ballot, a list of questions to be voted upon,
date and place of election, and signatures of municipal officials.60
Petitions to Change Polling Places.
Petitions to change local polling places are here filed. Each petition shows
name and location of voting district, the present polling place, the new
place requested, signatures and addresses of petitioners, and date.61
68 This record is not required and is usually incorporated into the general county
accounts.
D" These are usually filed with the general orders issued by the county commissioners.
60 The board is not required to preserve these petitions, but frequently it does so.
61 The filing of these petitions is not obligatory, but they are found in a few counties.
V
RECORDER OF DEEDS
Evolution and Structural Organization. Since the period when the Duke
of York’s laws were in force in Pennsylvania, a mortgage or deed, to be
effective, has had to be officially recorded. At first copies of such papers
were filed by the single recording officer of the county, the clerk of the
court of sessions.1 “Implanted land’’ had to be surveyed and the drafts
examined to be certain that there were no conflicting claims.2
A special officer responsible for the recording of papers relating to real
property was provided for in various early laws of the proprietary period.
William Penn’s Frame of Government stipulated that the Provincial Coun-
cil should annually select and present to the Governor the names of two
candidates from whom the Governor selected one to act as Master of the
Rolls throughout the province.3 All conveyances of land, except leases for
short periods, had to be enrolled in his office or they were considered void.4
In addition to recording deeds, mortgages, and similar papers the Master
of the Rolls recorded the laws of Pennsylvania and copied and searched
records for those who wanted such work done.5
A law of 1683 stated “That all deeds of sale, Mortgages, Settlements,
Conveyances (except leases for a year), shall be declared and acknowledged
in open court.” 6 The clerk of courts’ fee bill of the same year includes
“Bargains and Sales of houses and lands.” 7
In 1706 the first “act for the acknowledgment and recording of deeds”
was passed. It provided that within 6 months every deed or conveyance
of real property had to be acknowledged by two witnesses before a justice
1 Duke of York’s Book of Laws, 1676, Charter to William Penn, pp. 23, 26, 62, 66.
2 Ibid.., p. 35.
8 The Frame of the Government, 1682, in Charter to William Penn, p. 97.
‘Laws Agreed upon in England, 1682, in Charter to William Penn, p. 101; The
Great Law, 1682, in Charter to William Penn, pp. 118, 119, ch. XLIV.
6 Laws of the Assembly, 1683, in Charter to William Penn, p. 148, ch. CXXIX ;
1700, II St. at L. 137.
0 Laws of the Assembly, 1683, in Charter to William Penn, p. 132 ch. LXXIX; A
Petition of Right, 1693, in Charter to William Penn, ch. 43 p. 205 reen. 1700, II St.
at L. 127; 1700, II St. at L. 131 ; 1700, II St. at L. 137.
7 Laws of the Assembly, 1683, in Charter to William Penn, p. 149.
166
RECORDER
167
of the peace or the recorder of deeds or his deputy. Thereupon the officer
before whom the deed was sworn to place his name and seal upon the back
of the instrument, noting thereon the date and year of the acknowledgment.
Following this procedure the deed or conveyance had to be recorded in
die city or county where the property was situated. Provisions were also
made for recording conveyances made outside of the province. All unre-
corded deeds were not to be recognized as legal. When a mortgage was
paid off the mortgagee entered satisfaction on the mortgage, and this, too,
was recorded in the enrollment office.8 Generally this system is still fol-
lowed.
The law of 1706 required that an enrollment office be kept in each county
with “the recorder or enroller or some sufficient deputy” in charge of it.
The recorder was to provide “rolls of paper or good, large, well-covered
books of royal or other large paper” in which he was to “record or enroll
deeds or conveyances in a fair legible hand.” The recorder received a
penny for each line he wrote.9 The law did not explain, however, how this
officer was chosen.
Despite the provision for recorders of deeds in every county, the office
of Master of the Rolls continued to exist as “recorder or enroller for the
whole province.” He was obliged, either in person or by deputy, to hold
office in Philadelphia and each of the other counties for the purpose of re-
cording deeds.10 He evidently recorded original deeds and patents, while
the local recorders recorded deeds to property taken from land which had
formerly been granted. The Master of the Rolls continued to exist with
the same duties as were originally given to him,11 until the office was abol-
ished in 1809. The act of 1809 stipulated that the records of the Master
of the Rolls be deposited with other State officers. His patent books and
papers dealing with titles to land were given to the Secretary of the Land
Office, while those of his records which pertained to the enrollment of the
laws of the State were lodged with the Secretary of the Commonwealth,
who took over that phase of his duties.12
8 1705-6, II St. at L. 206 secs. 1-5.
* 1705-6, II St. at L. 206 sec. 6.
10 Ibid., sec. 7.
11 1710-11, II St. at L. 331; 1710-11, II St. at L. 349 sec. 6; 1715, III St. at L. 96;
1722-23, III St. at L. 367; 1752, V St. at L. 159 sec. 2; 1752, V St. at L. 161 secs. 1,
4; 1775, VIII St. at L. 412 sec. 5; 1778, IX St. at L. 229 sec. 1 ; 1779, IX St. at L.
321 sec. 3; 1793, 3 Srn.L. 66 sec. 1; 1795, XV St. at L. 359 sec. 1; 1795, XV St.
at L. 375.
" 1809. XVIII St. at L. 1077.
168
COUNTY GOVERNMENT
Meanwhile the office of recorder of deeds was being developed in the
individual counties. The general acts of 1711 and 1715 were almost iden-
tical to the 1706 law concerning the recording of deeds.13 The law of 1715,
however, for the first time, explained how this officer was selected. The
Assembly appointed Charles Brockden as recorder of deeds for Philadel-
phia, and provided that the prothonotary or county clerk should act as
recorder in each of the other counties until a majority of the justices of
the courts of quarter sessions of the respective counties found occasion to
remove them and appoint others in their place.14
According to the provisions of the Constitution of 1776, the recorder
of deeds became an appointee of the General Assembly.15 The Constitution
of 1790 vested his appointment in the Governor.16 It was not until 1838
that the office became elective and the recorder was given a definite term,
which at that time was 3 years.17 In 1909 the tenure was increased to
4 years.18
As has been noted, the office of recorder was originally combined with
that of prothonotary.10 The Constitution of 1776 set up the office of
register of wills and a law enacted in the following year stipulated that
except in Philadelphia the offices of register and recorder be held by
one man.20
The Constitution of 1838 gave the legislature the power to set up a
definite arrangement of the five clerical offices in each county.21 A law
carrying out this requirement was passed in the following year,22 and is
still in effect in a number of the counties in which it has not been changed
by more recent acts.23 The General County Law of 1929 sets up an alter-
nate arrangement for each class of county. Whenever these provisions con-
flict with those of the act of 1839 and later laws modifying it, the court
of common pleas may decide whether the county shall accept them. The
13 1710-11, II St. at L. 349; 1715, III St. at L. 53.
11 1715, III St. at L. 53 sec. 9.
"Const, of 1776, ch. II, sec. 34. 1785, XI St. at L. 556.
” Const, of 1790, art. II, sec. 8, art. V, sec. 11.
17 Const, of 1838, art. V, sec. 10, art. VI, sec. 3.
18 Const., art. XIV, sec. 2 as am. 1909.
10 1715, III St. at L. 53 sec. 9.
20 1777, IX St. at L. 68 sec. 1.
11 Const, of 1838, art VI, sec. 3.
22 1839 P. L. 559 sec. 1.
23 1893 P. L. 462 No. 331; 1901 P. L. 271 No. 178; 1901 P. L. 559 Not 265 am.
1923 P. L. 155 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 222; 1911 P. L. 538.
RECORDER
169
act of 1929 provides that the recorder of deeds be a separate officer in
third, fourth, and fifth-class counties, that the office be combined with that
of register of wills and clerk of orphans’ court in sixth and seventh-class
counties, and that all five offices be held by one man in eighth-class
counties.-4
Like all county officers, the recorder of deeds must be a citizen and a
resident of the county for at least 1 year before taking office.25 Vacancies
are filled by the Governor. The appointee holds office until a successor is
chosen in the first municipal election which takes place 2 or more months
after the original vacancy occurred.26 The recorder is not permitted to be
county treasurer during his continuance in office 27 and he may not act as
county controller either during his term of office or for 2 years there-
after.23 He is exempted from military service.29 Before assuming office
the recorder must take an oath 30 and post a bond in the amount fixed
by law.31
In seventh and eighth-class counties the recorder is paid by fees which,
in the more populous counties, are paid into the county treasury.32 In coun-
ties where this officer is paid by fees, after he has received $4,000 in any
1 year, he must pay one-half of the excess to the State.33 The recorder of
deeds receives an annual salary in all the other counties. It is fixed at
$4,000 in third,34 fourth 35 and fifth-class counties,36 and $3,000 in sixth-
24 1929 P. L. 1278 sec. 221 am. 1933 P. L. 950 No. 186.
25 Const., art. XIV, sec. 3.
-1' 1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1 ; Attorney General's Opinions,
vol. 1925-26, pp. 251-253.
21 1841 P. L. 400 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 142.
28 1895 P. L. 403 No. 288 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 132.
29 1887 P. L. 23 sec. 110 sup. 1899 P. L. 266 sec. 2.
30 Const., art. VII, sec. 1 ; 1777, 1 Sm.L. 443 sec. 3; 1929 P. L. 1278 sec. 53.
31 1929 P. L. 1278 sec. 234.
1868 P. L. 3 sec. 8 does not extend to Beaver County where 1814 P. L. 352, 6
Sm.L. 228 sec. 18 is still in effect. Originally the law of 1868 did not extend to
Montgomery, Lancaster, and Washington counties as well but it was extended to
Montgomery, 1873 P. L. 641 and to Lancaster, 1899 P. L. 246. But since 1929 P. L.
127 fixes the fees of the recorder of deeds in third and fourth-class counties, Mont-
gomery, Lancaster, and Washington now come under that law.
33 1874 P. L. 125 sec. 1 am. 1921 P. L. 69 further am. 1937 P. L. 2786; Comm. v.
Conway, 12 Pa. C. C. 630, 2 Dist. 429 (1893).
34 1876 P. L. 13 sec. 13 am. 1881 P. L. 21 further am. 1887 P. L. 301 further
1901 P. L. 641.
35 1876 P. L. 13 sec. 14 am. 1895 P. L. 424.
30 1923 P. L. 1054 sec. 11 am. 1925 P. L. 380.
am.
170
COUNTY GOVERNMENT
class counties.37 The law provides increased salaries for recorders in fifth
and sixth-class counties who hold additional offices.
The recorder appoints a first deputy who assumes his place if the office
becomes vacant,33 and who is legally permitted to perform any of the duties
of his principal. The compensation of the deputy is fixed by the salary
board or by the recorder himself if there is no salary board.30
Powers and. Duties. In arbitration cases, whenever the prothonotary is
party to a suit, the recorder is permitted to act as prothonotary.40 He ad-
ministers the oath of office to aldermen and justices of the peace;41 acts as
agent for the Commonwealth in the collection of those taxes and fees which
are payable to the State upon the recording of instruments and upon the
commissions of public officers. He makes returns of them to the Depart-
ment of Revenue and pays this money to the State Treasury through the
Department.42
This official is authorized to designate one or more of the clerks em-
ployed in his office to administer oaths and affirmations pertaining to the
business of the office. An oath or affirmation so given is as effective as if
the recorder himself had administered it.43 In fourth-class counties the
recorder is permitted to appoint a solicitor who advises him on legal mat-
ters and, when required by the recorder, conducts all litigation pertaining
to the office. The county commissioners fix the salary of this solicitor.44
The remaining duties of the recorder are concerned with the keeping of
records. In connection with some of his record-keeping duties, he must
make various reports. He must send to the Auditor General a detailed
report whenever articles of association of a limited partnership or joint
stock company are received by him.43 Before he admits to record a deed
or conveyance of any land located in a first-class township, he collects an
additional fee. Thereupon, when he records the instrument, he transmits
87 1923 P. L. 944 No. 375 sec. 1 am. 1931 P. L. 560.
8,1 1929 P. L. 1278 sec. 224 am. 1931 P. L. 401 sec. 1 further am. 1933 P. L. 952.
*' 1852 P. L. 100 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 235 am. 1931
P. L. 401 sec. 1.
10 1809 P. L. 125 sec. 4 and 1825 P. L. 172 sec. 1 both sup. 1836 P. L. 715 sec. 35
41 1877 P. L. 12 sec. 4.
43 1929, P. L. 343 sec. 613.
44 1911 P. L. 668 No. 269 (applies to counties with less than 1,300,000 inhabitants) ;
1929 P. L. 1278 sec. 236.
41 1929 P. L. 1278 sec. 237 added 1931 P. L. 401 sec. 8.
u 1895 P. L. 230.
RECORDER
171
an abstract of it to the town clerk who records it in the township records
for use of the local assessors. In third-class counties the recorder does not
perform this extra work, for all assessment there is under the supervision
of the board for the assessment and revision of taxes.46 The recorder of
deeds must make a monthly return and pay into the State Treasury through
the Department of Revenue all money received for the use of the Com-
monwealth.47
Records. The chief duty of the recorder of deeds is to have copied in
permanent form certain papers which are of value to their owners. A copy
or recording of a document, properly sealed and signed by the recorder,
is recognized to be as legal as the original paper itself. Moreover, the re-
corder may make exemplifications, or copies of the recording, which must
be accepted in the same manner as if they were the originals. In various
cases the law requires that specified papers be recorded in his office, and in
many other instances, the law permits people, for their own protection, to
have certain documents recorded there.
ORIGINAL PAPERS
Unclaimed Instruments, may date from the establishment of the
county. Title varies: Recorded Papers; Deeds; Unpaid Recorded
Papers ; Commissions.
This file contains those instruments which were presented for recording
and which were never claimed by their owners or for which the fees for
recording have not been paid. They may include any or all of the types
of papers which may be recorded by this officer.48
Receipts for Papers. Title varies : Mortgage Receipts.
When a person leaves a paper to be recorded, he obtains a receipt which
is returned to the recorder when the paper is called for. The receipts show
the nature of the paper, date when it was left, name of its owner, and
volume and page where it is recorded.49
40 1909 P. L. 275 sec. 2 am. 1915 P. L. 489 rep. 1933 P. L. 853 sec. 601 but reen.
in sec. 408.
47 1893 P. L. 125 sec. 1; 1929 P. L. 343 sec. 901 am. 1931 P. L. 318 sec. 1; 1929
P. L. 343 sec. 1710.
48 These are kept merely as a matter of convenience.
49 These papers are actually kept on file in very few counties. In some counties the
recorder does not require that the receipt be returned to him, and in others he does
not save the returned receipts.
172
COUNTY GOVERNMENT
CONVEYANCES
Deed Book, dates from the establishment of the county. Title varies :
Deed.
In these volumes are recorded copies of all deeds and conveyances for
land situated within the county.50 The information to be found in the
transcript of any given deed includes date of instrument ; names of grantor
and grantee ; location, description, and boundaries of property ; price paid
for it; fees; copies of official seals, signatures, and attestations; 51 and date
of recording.52 On the margin of a recorded deed or other instrument
must be recorded any final judgment or decision of a Pennsylvania court
which affects that instrument.53 Sheriff's and coroner’s deeds may be re-
corded either here or in a separate Sheriff’s Deed Book.54 Other types of
conveyances which may be found here are county commissioners’ deeds,55
treasurer’s deeds, deeds made in pursuance of a court decree,50 and deeds
recorded in the former Land Office.57 Deeds must be entered in the in-
dexes at the same time that they are recorded.58
Grantor Index, dates from the establishment of the county. Title
varies : Index to Deeds, Direct.59
This is an index to the Deed Book and is arranged alphabetically by the
first letter of grantor’s surname. It shows date of instrument, names of
s" 1907 P. L. 33 sup. 1921 P. L. 694; 1927 P. L. 338.
51 1715, III St. at L. 53 supp. 1775, VIII St. at L. 412 sec. 1 supp. 1893 P. L. 108
sec. 1 ; 1775, VIII St. at L. 412 sec. 4 am. 1878 P. L. 155 sec. 1 ; 1929 P. L. 620.
“1715, III St. at L. 53 supp. 1775, VIII St. at L. 412 sec. 2 supp. 1893 P. L. 108
sec 2; 1775, VIII St. at L. 412 sec. 6; 1827 P. L. 9 sec. 1; 1863 P. L. 188 sec. 1;
1870 P. L. 13 sec. 1; 1883 P. L. 136 No. 123; 1895 P. L. 113 sec. 1; 1921 P. L. 649;
1925 P. L. 613 am. 1931 P. L. 558 No. 191. In the early days mortgages and many
other documents were usually copied into the Deed Book, rather than into a book
containing that particular type of instrument alone.
“ 1907 P. L. 284; 1921 P. L. 860.
54 1799, 3 Sm.L. 386 reen. 1806 P. L. 572 sec. 2; 1901 P. L. 431 sec. 45. The re-
corder must inform the prothonotary where the record of such deeds may be found,
1905 P. L. 265 sec. 5.
" 1849 P. L. 344 sec. 2.
" 1846 P. L. 124 sec. 1.
57 1828 P. L. 37 sec. 1.
“ 1875 P. L. 32 sec. 2.
“ In a few counties there are two grantor indexes, one listing deeds granted by in-
dividuals and the other containing those granted by corporations.
RECORDER
173
grantor and grantee, location of property, and volume and page in the
Deed Book where it is recorded.60
Grantee Index, dates from the establishment of the county. Title
varies : Index to Deeds, Adsectum.61
In this index the deeds recorded in the Deed Book are arranged alpha-
betically by the first letter of grantee’s surname. The information con-
tained in each entry is the same as in the Grantor Index.02
Sheriff’s and Tax Deed Index Book, dates from the establishment
of the county.
Sheriff’s and treasurer’s deeds may be indexed either in the general grantor
and grantee indexes or in this separate record.63 A separate Sheriff’s and
Tax Deed Index Book is kept very infrequently.
Patent Book, 1818 — .
This book contains recorded patents to land granted by the Commonwealth
and shows date patent was granted, location and description of property,
name of grantee, amount paid, and volume and page where it is recorded
in the records of the State Land Office.64
Recorder’s Daily Record, 1911 — . Title varies: Entry Docket to
Deed Book; Entry Book; Deed Scratcher; Recorder’s File Book.
This is a daily record of all instruments recorded in the Deed Book 65
showing date, type, and number of the instrument ; names of grantor and
grantee; location and description of property involved; and name of per-
son claiming instrument. A copy of this record is filed monthly with the
county commissioners.66
60 1827 P. L. 154 sec. 5; 1875 P. L. 32 sec. 1.
111 There may be two grantee indexes, one listing deeds granted to individuals, and
the other listing those granted to corporations.
82 1827 P. L. 154 sec. 5; 1875 P. L. 32 sec. 1.
83 1919 P. L. 32 sec. 1.
64 1818 P. L. 9, 6 Sm.L. 309 sec. 2; 1846 P. L. 124 sec. 1; 1919 P. L. 49.
65 In some counties the recorder files the record with the commissioners and does
not keep a copy in his office. In third-class counties this record is sent to the board
for the assessment and revision of taxes rather than to the commissioners. This
record is used to aid the assessors in this work.
"“1911 P. L. 62 secs. 1, 2 (applied only to counties of less than 400,000 population)
rep. 1933 P. L. 853 sec. 601 but reen. for counties of third to eighth classes inclusive
in sec. 407 (a, b) ; 1929 P. L. 620 No. 258.
174
COUNTY GOVERNMENT
ENCUMBRANCES
Mortgage Book, dates from the establishment of the county.67
Title varies: Mortgage.
This book contains copies of all mortgages.08 These include not only mort-
gages on real estate, but mortgages on leaseholds,09 chattel mortgages,70
such as mortgages on vessels,71 and mortgages as collateral for a loan from
the Federal Government.72 Each mortgage shows names and addresses of
parties, terms and provisions of mortgages, location and description of
property, acknowledgment, and date and time recorded.73 On the margin
of the recorded mortgage must be noted any satisfaction,74 assignment,75
or release.76 Postponement of lien of a mortgage, to be legal, must be
either entered somewhere on the mortgage, or made into a written agree-
ment. In either case, it must be attested and recorded just as was the mort-
gage itself.77 When action is brought on a mortgage which is on record,
the prothonotary furnishes the recorder with a memorandum containing
names of the parties, court term and case number, and date of the action.
These facts are then entered on the record of the mortgage.78
81 In many counties mortgages were at first recorded in the Deed Book.
65 1715, III St. at L. 53 supp. 1775, VIII St. at L. 412 sec. 2 supp. 1893 P. L. 108
sec. 2; 1775, VIII St. at L. 412 sec. 6; 1827 P. L. 9 sec. 1 ; 1863 P. L. 188 sec. 1 ; 1870
P. L. 13 sec. 1 ; 1883 P. L. 136 No. 123; 1895 P. L. 113 sec. 1 ; 1921 P. L. 649; 1925
P. L. 613 am. 1931 P. L. 558 No. 191.
“ 1855 P. L. 368 sec. 8; 1876 P. L. 160 sec. 1 ; 1889 P. L. 197 sec. 2.
70 1887 P. L. 73 secs. 2, 3 am. 1891 P. L. 102.
71 1929 P. L. 14 secs. 3-6.
72 1933 P. L. 6 secs. 2, 3 am. 1935 P. L. 38; 1936 (Sp. Sess.) P. L. 47 secs. 1-3.
,3 All mortgages have priority according to the time when they were recorded.
Therefore the recorder of deeds must endorse the exact time upon all mortgages and
number them chronologically, 1820, 7 Sm.L. 303 am. 1915 P. L. 631 rep. 1927 P. L.
440 sec. 2 but reen. in sec. 1
u 1816, 6 Sm.L. 309 sec. 5; 1823 P. L. 216 sec. 1; 1856 P. L. 304 sec. 1; 1915
P. L. 198.
75 1849 P. L. 524 sec. 14; 1876 P. L. 18 sec. 1 ; 1903 P. L. 327. The recorder must send
to the county commissioners the name and complete address of every holder, owner,
or assignee of a mortgage, 1899 P. L. 41.
76 1933 P. L. 810 sec. 128.
77 1927 P. L. 409 No. 267.
78 1860 P. L. 630 sec 1. In a few counties these notices from the prothonotary are
kept on file by the recorder of deeds.
RECORDER
175
Mortgagor Index, dates from the establishment of the county. Title
varies : Mortgage Index — Grantor.79
This is an index to mortgages recorded in the Deed Book and the Mort-
gage Book and shows names of mortgagor and mortgagee; dates of mort-
gage and recording ; dates of satisfaction, assignment, and release ; location
of property; amount of mortgage; and volume and page where it is re-
corded. These entries are arranged alphabetically by surname of the
mortgagor.80
Mortgagee Index, dates from the establishment of the county. Title
varies : Mortgage Index — Adsectum.81
This index contains information similar to that found in the Mortgagor
Index, but the arrangement is alphabetical by mortgagee’s surname.82
Chattel Mortgage Book, 1933 — . Title varies: Chattel Mortgages.
Recorded copies of chattel mortgages issued under the Federal Farm Credit
Act form the contents of this book. The record shows date when mortgage
was entered into, names and addresses of mortgagor and mortgagee, loca-
tion and description of chattels, terms and conditions of mortgage, acknowl-
edgment, and dates when mortgage was recorded and satisfied. This book
is indexed.83
Chattel Index, dates vary, but are usually recent.
In this volume chattel mortgages recorded in the Mortgage Book are sepa-
rately indexed.84
Assignment of Mortgages.
This book contains a record of assigned mortgages showing names of mort-
gagor and mortgagee; description of property; amount of mortgage; date,
volume, and page of recording original mortgage ; consideration ; names of
witnesses; date transferred; copy of notarial seal; and dates recorded and
compared.85
In some counties this has been split up into two indexes, one of mortgages granted
by individuals, and the other of mortgages granted by corporations.
80 1827 P. L. 154 sec. 5 ; 1875 P. L. 32 sec. 1.
81 In some counties there is one index of individual mortgagees and another of cor-
porate mortgagees.
82 1827 P. L. 154 sec. 5; 1875 P. L. 32 sec. 1.
83 1933 P. L. 6 sec. 2 am. 1935 P. L. 38; 1936 (Sp. Sess.) P. L. 47 sec. 2.
84 This is not a required record, and is very seldom found.
8" This is seldom kept as a separate record since merely noting assignments on the
margin of the recorded mortgage is permissible.
176
COUNTY GOVERNMENT
Satisfaction of Mortgages. Title varies : Release of Mortgage.
Recorded copies of releases of mortgages showing names of parties, dates
of mortgage and release, location and description of property, amount,
witnesses’ names, acknowledgment, signatures of recorder and comparer,
and date and time recorded.86
Postponement of Lien. Title varies: Extensions.
Recorded copies of agreements of extensions of mortgages, showing date,
names and addresses of parties, acknowledgment, date recorded, and signa-
tures of recorder and comparer.87
Daily Record of Mortgages, 1879 — . Title varies: Mortgage
Scratcher ; Entry Book.
A daily record of all mortgages presented for recording,88 showing mort-
gage numbers, date mortgage was presented, names of mortgagor and mort-
gagee, and location of property. A copy of this record is sent monthly
to the county commissioners 80 to aid them in checking on the returns of
the personal property tax.00 A copy is also forwarded to the Department
of Revenue.91
COMMISSIONS, OATHS, AND BONDS
Commission Book, dates from the establishment of the county.92
In these books are recorded the commissions of all officers who must be
commissioned by the Governor before they may assume office.93 These
include the sheriff and coroner,94 prothonotary, clerk of courts, clerk of
orphans’ court, register of wills, and recorder of deeds,05 justices of the
peace and aldermen,98 and industrial policemen.97
86 Usually these facts are merely entered on the margin of the recorded mortgage.
87 1927 P. L. 409 No. 267. If postponements are entered on the margin of the re-
corded mortgages, this record does not have to be kept.
88 This record is not found in every county, as it does not have to be preserved
by the recorder.
80 To the board for the assessment and revision of taxes in third-class counties.
00 1879 P. L. 112 sec. 7 supp. 1889 P. L. 420 sec. 7 am. 1905 P. L. 186 rep. 1913
P. L. 509 sec. 19 but reen. in sec. 7.
01 1935 P. L. 414 sec. 11(b) am. 1937 P. L. 633 further am. 1939 P. L. 76.
02 In the early days these commissions were often recorded in the Deed Book.
93 1929 P. L. 1278 sec. 55.
94 Ibid., sec. 211.
95 1839 P. L. 559 sec. 3.
“ 1839 P. L. 376 sec. 5 sup. 1877 P. L. 12 sec. 4.
97 1929 P. L. 546 sec. 6 rep. 1935 P. L. 348.
RECORDER
177
Index to Commission Book. Title varies : Commonwealth Index.
This index shows name of person commissioned, type of commission, date
of instrument, date recorded, and volume and page in Commission Book
where record of it may be found.98
Certificates of Appointment of the County Treasurer, 1811-1841."
The recorder of deeds copied into a book the certificates from the county
commissioners indicating their selection as county treasurer.190
Deputy Sheriff Appointments, 1929 — .101
The recorder places on record here the deed of appointment of the sheriff’s
chief deputy.10*
Oaths.103
Among the oaths recorded here as those of the board of revision 104 and
of railroad policemen.105
Officials’ Bonds.
This book contains bonds of justices of the peace and aldermen,100 sheriffs
and coroners,107 and county commissioners.108 In addition there are bonds
given by county treasurer 109 and register of wills 110 as security for the
paying over of State funds to the Commonwealth. The bonds of former
deputy surveyors 111 and brigade inspectors 112 were also filed here. The
A separate index to the Commission Book is not always kept.
These are seldom found as a separate record.
100 1811 P. L. 145 sec. 23 sup. 1834 P. L. 537 sec. 32 but rep. by 1841 P. L. 400
which made the treasurer an elective office.
101 This record is not very often kept separately, but is usually found with Com-
missions, Oaths, or Bonds.
102 1929 P. L. 1278 sec. 187.
108 Oaths are often found with Commissions.
104 1933 P. L. 853 sec. 501.
105 1865 P. L. 225 sec. 3.
100 1840 P. L. 294 sec. 4.
107 1791, 3 Sm.L. 8 sec. 1 ; 1834 P. L. 537 sec. 68 rep. 1929 P. L. 1278 sec. 1051 but
reen. as am. in sec. 182; 1939 P. L. 359 sec. 3.
108 1929 P. L. 1278 sec. 102.
10“ 1821 P. L. 244 sec. 6 rep. 1828 P. L. 498 sec. 3 but reen. in sec. 1 sup. 1834
P. L. 537 sec. 34 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 145.
110 1830 P. L. 272 sec. 9; 1832 P. L. 135 sec. 1 rep. 1917 P. L. 415 sec. 26 but reen.
in sec. 1 (b-2).
111 1785, 2 Sm.L. 317 sec. 11 rep. by 1850 P. L. 434 sec. 5, which abolished this office.
112 1821 P. L. 261 sec. 17 rep. 1822 P. L. 229, 7 Sm.L. 607.
178
COUNTY GOVERNMENT
information contained includes names of the official and bondsmen, date
and amount of bond, and bondsmen’s affidavits and signatures.
CORPORATION RECORDS
Charter Book, 1S74 — . Prior charters are usually recorded in Deed
Book.
This book contains recorded copies of charters granted to religious, fra-
ternal, political, and commercial organizations. It shows court term and
case number, conditions of organization of the corporation, powers granted,
names of interested parties, date of approval, and copies of signatures and
official seals. The record also shows the dates of recording by the Secre-
tary of the Commonwealth and the recorder. The types of charters here
recorded include articles of association of corporations,113 certificates
authorizing changes in a corporate name,114 and acceptances of re-incor-
poration.115 Articles of incorporation of credit unions were recorded here
prior to 1937 110 and articles of incorporation and various other papers
concerning insurance companies are still recorded.117 The papers relating
to nonprofit corporations consist of recordings of articles of incorporation,
of amendment and of merger or consolidation, as well as notices of changed
location of the registered offices of such corporations.118 A few other mis-
cellaneous records relate to specific types of corporations.110
Index to Charters, 1874 — .
In this volume the contents of the Charter Book have been indexed. In
some counties the charters found in the Deed Book are also indexed here.
113 1874 P. L. 73 sec. 3 am. 1927 P. L. 353 No. 218 further am. 1931 P. L. 10 No. 8
further am. 1937 P. L. 2851 rep. as to nonprofit corporations, 1933 P. L. 289 sec. 1102,
rep. as to business corporations, 1933 P. L. 364 sec. 1202 rep. as to associations, 1933
P. L. 457 No. 108 sec. 1302 rep. as to incorporated institutions, 1933 P. L. 624 sec. 1602;
1887 P. L. 8 No. 9 sec. 2 am. 1899 P. L. 116; 1887 P. L. 365; 1893 P. L. 89 sec. 2
rep. 1933 P. L. 624 sec. 1602; Attorney General’s Opinions, vol. 1913-14, pp. 116-120.
114 1903 P. L. 251 rep. as to insurance companies, 1929 P. L. 782 sec. 3, rep. as to
business corporations, 1933 P. L. 364 sec. 1202, rep. as to associations, 1933 P. L.
364 sec. 1202 rep. as to incorporated institutions, 1933 P. L. 604 sec. 1602.
1,5 1909 P. L. 515 sec. 2.
1,0 1933 P. L. 1076 sec. 2(E) am. 1937 P. L. 713.
1,7 1911 P. L. 559 secs. 6, 7; 1911 P. L. 567 secs. 6, 7; 1911 P. L. 581 secs. 6, 7; all
rep. 1921 P. L. 682 sec. 1101; 1921 P. L. 682 secs. 213, 331, 334; 1921 P. L. 682
secs. 322 am. 1929 P. L. 782; 1921 P. L. 682 sec. 337 am. 1931 P. L. 915 sec. 2.
11N 1933 P. L. 289 secs. 208, 708, 808, 906; 1933 P. L. 289 sec. 316 am. 1935 P. L. 1130.
110 1881 P. L. 69 No. 76 sec. 1; 1889 P. L. 211 sec. 4 am. 1901 P. L. 514 sec. 3
further am. 1905 P. L. 368 sec. 2; 1913 P. L. 16 sec. 3.
RECORDER
179
CONTRACTS
Agreements. Title varies: Contract Book; Miscellaneous. Prior
records are usually found in the Deed Book.120
Numerous types of agreements are here recorded. These include all agree-
ments relative to public land 121 and all written agreements relating to real
property by the terms of which any rights or privileges of a permanent
nature are granted or by which the grantee or vendee is released from any
damages to the property at any future time ; 122 also recorded are trusts
for real property.123 Other types of papers which may be found here are
recordings of letters of attorney,124 receipts for taxes on unseated land 125
and for payments for redemption of such land,126 releases,127 final decrees
in proceedings concerning title to real property,128 certificates of bank-
ruptcy,129 and assignments for the benefit of creditors.130 In addition there
are deeds of trust,131 petitions of married women to get their separate
earnings,132 decrees in proceedings to discharge encumbrances due and
unclaimed for 21 years,133 all written instruments which a married woman
may execute without the joinder of her husband,134 and agreements of
separation of married couples.135
120 In many counties this book contains all the miscellaneous papers which do not
belong in the Deed Book, the Mortgage Book, or the Commission Book.
121 1811 P. L. 37 sec. 1.
122 1931 P. L. 48 No. 40.
123 1901 P. L. 425 No. 233.
m 1854 P. L. (1855) 724 sec. 1; 1885 P. L. 55; 1921 P. L. 1071 sec. 1 am. 1925
P. L. 102 rep. as to associations, 1933 P. L. 457 No. 108 sec. 1302, and to incorporated
institutions, 1933 P. L. 624 sec. 1602.
125 1847 P. L. 279 sec. 1.
120 1850 P. L. 575 sec. 33.
127 1828 P. L. 490 sec. 1; 1866 P. L. 1085 sec. 1.
128 1871 P. L. 387.
129 1907 P. L. 159 secs. 1, 2.
130 1855 P. L. 415 sec. 1; 1857 P. L. 298 sec. 2; 1818, 7 Sm.L. 131 sec. 51 rep. 1901
P. L. 404 sec. 42 but reen. in secs. 3, 10. The act of 1901 was superseded by the
Federal Bankruptcy Act passed in 1898, 30 U. S. Stat. 544 ch. 541. Therefore the
act of 1818 is still in effect. See: Hoover v. Ober, 43 Super. 308 (1909) : Lavery v.
Beatty, 28 Dist. 612 (1919).
131 1854 P. L. 603 sec. 1.
132 1872 P. L. 35 sec. 2.
133 1895 P. L. 44 No. 30 sec. 1 rep. as to orphans’ court proceedings 1917 P. L. 447
sec. 63.
134 1897 P. L. 83 No. 63.
135 1897 P. L. 212.
180
COUNTY GOVERNMENT
Daily Record of Agreements, 1879 — .136
The recorder must keep a separate daily record of every article of agree-
ment to secure the payment of money which is presented to him for record-
ing and sends this monthly to the county commissioners who use it to check
on tax returns.137 A copy of the record is sent monthly to the Depart-
ment of Revenue.138
Limited Partnerships, 1836 — .
In this book are recorded all articles of establishment, amendment, or dis-
solution of a limited partnership. These papers show the date of agree-
ment ; name, nature, and location of business ; terms of agreement ; names
of principals and witnesses ; acknowledgment ; and date recorded.130
MAPS AND PLANS
Warrantee Tract Maps, 1907 — .
These maps are being made for each county under the direction of the
Secretary of Internal Affairs. They show the outlines of all original sur-
veys within the county, names of warrantees, dates of warrants and sur-
veys, names of all patentees, dates of patents, and other important details
taken from original drafts. The official boundary lines of the county and
its subordinate municipalities are accurately shown. On some of these
maps still other interesting information, historical and topographical, may
be found.110
Plan Book, dates from the origin of the county. Title varies: Map
Book.
All plans for the subdivisions of land within the county are here recorded.
The information contained on these plans is as follows : names of civil
divisions and property owners, location and description of all property,
boundaries of property and civil divisions, area of subdivisions, tract and
lot numbers, scale, certification of draftsman and owner, attestation of re-
corder, and date when plan was filed.141
Department of Highways Right of Way Map.
These maps show the rights of way of one or more State highway routes
130 This record is not always preserved, since retaining it is not obligatory.
137 1879 P. L. 112 sec. 7 sup. 1899 P. L. 41 ; 1909 P. L. 289.
138 1935 P. L. 414 sec. 11(b) am. 1937 P. L. 633 further am. 1939 P. L. 76.
1M 1836 P. L. 143 secs. 11, 24 rep. 1917 P. L. 55 sec. 31 but reen. in secs. 2, 5.
1,0 1907 P. L. 621 No. 483 am. 1911 P. L. 277 further am. 1921 P. L. 63.
141 1893 P. L. 329 sec. 1 ; 1895 P. L. 124 sec. 1 am. 1899 P. L. 123; 1913 P. L. 565.
These may be found in the Deed Book.
RECORDER
181
through the county. The information contained includes the date, town-
ships, boroughs, names of owners of adjoining property, boundaries, names
of engineers and draftsmen, and approval of the Governor and Secretary
of the Department of Highways.142
County Roads, 1895 — .
Plans of the county road system are placed on record here.143
Flood Control Maps, 1936 — .
These are the copies of the official plans prepared by the Water and Power
Resources Board of the Department of Forests and Waters for proposed
flood control work within the flood control district where the county is
situated. The plans show the nature of work to be done and what proper-
ties will be affected by it.144
County Zoning Papers, 1937 — .
In counties where there is a county zoning commission a number of papers
relative to zoning must be recorded. These include all zoning ordinances,
regulations, and maps ;145 and lists of all nonconforming uses and occupa-
tions.146 The latter refers to land or buildings, which at the time of the
adoption of a zoning ordinance or regulation are already in use in a way
which is prohibited by the ordinance or regulation.
Index to Zoning Maps and Ordinances, 1937 — .
This record is an index to the zoning maps and ordinances which are re-
corded in County Zoning Papers.147
MISCELLANEOUS
Decrees in Orphans’ Court.148
A number of decrees in orphans’ court must be placed on record by the
recorder of deeds. These include elections to take under or against a will,149
141 These records are not found in every county.
143 1895 P. L. 895 sec. 1 am. 1905 P. L. 290 rep. 1929 P. L. 1278 sec. 1051 but reen.
as am. in sec. 891. See also 1907 P. L. 240 sec. 10 rep. as to counties 1927 P. L. 1278
sec. 1051.
144 1936 (Sp. Sess.) P. L. 106 No. 46 sec. 46 am. 1937 P. L. 43 further am. 1937
P. L. 2458.
145 1929 P. L. 1278 sec. 510.16 added 1937 P. L. 2129.
143 1929 P. L. 1278 sec. 510.15 added 1937 P. L. 2129.
147 1929 P. L. 1278 sec. 510.16 added 1937 P. L. 2129.
148 These papers are seldom recorded together in a single record, but usually are
found among the Agreements or Miscellaneous Papers.
149 1911 P. L. 79 rep. 1917 P. L. 403 sec. 27 but reen. in sec. 23(e) am. 1929 P. L
648.
182
COUNTY GOVERNMENT
elections to take real estate instead of a legacy or bequest,150 decrees of
the right of the surviving spouse to the real estate of an intestate who
leaves no other heirs,151 decrees of presumption of death,152 and decrees
confirming an appraisement of real estate and setting aside the property
for the use of the widow and children.153 In addition, there may be re-
corded here proceedings in orphans’ court for the division of a piece of
property among the devisees.154
Dental Register, 1883-97. Discontinued as a county record; sub-
sequent records kept by the State Dental Council and Examining
Board.
This book contains recorded copies of dentists’ diplomas. The information
on each includes the dentists’ name and address ; date of graduation, names
of institution and members of the faculty, places and dates of practice
in the State, and date recorded. Dentists who possessed no diploma pre-
sented affidavits containing similar information. These, too, were recorded
in this book.155
Soldiers’ Discharge Book, 1868 — .158
In this book are found recorded copies of military discharges of soldiers,
sailors, and marines ; showing the soldier’s name ; places of birth and en-
listment ; physical description ; military record ; occupation ; names of com-
manding officers ; date of discharge or death ; and date recorded.157
Notaries’ Registers, 1791 — ,158
At the close of his term of office every notary is supposed to deposit his
register and any other public papers with the recorder of deeds who pre-
pares certified copies of any part of them for interested persons.159
Municipal Records.1150
A number of records pertaining to the minor political divisions of the
county are kept in the recorder’s office. He records applications and court
100 1917 P. L. 447 sec. 32(a).
151 1917 P. L. 429 sec. 17(b).
152 1917 P. L. 447 sec. 6(f).
,M Ibid., sec. 12 (k).
101 1923 P. L. 846 sec. 6.
'“ 1883 P. L. 129 secs. 1, 3 rep. 1897 P. L. 206 sec. 16.
150 Earlier records are found in some of the counties.
107 1868 P. L. 73 sec. 1 am. 1913 P. L. 81 further am. 1919 P. L. 364.
163 These registers are very seldom found in the recorder’s office.
169 1791, 3 Sm.L. 6 sec. 6; 1846 P. L. 334 sec. 2.
100 These papers are seldom recorded in a book devoted to them alone, but are
usually found in Agreements and Miscellaneous Records.
RECORDER
183
decrees for the establishment of boroughs,181 for the annulment of borough
charters,182 and for the changing of borough boundary lines.163 Also in his
office are copies of petitions received between 1915 and 1927 for the with-
drawal of a former borough from a city.164 He may record contracts be-
tween the county and a city for the erection of bridges and viaducts.165 Also
on file are copies of municipal ordinances vacating streets and alleys,180
of plans for the construction of various public works in second-class town-
ships,167 and of court decrees providing for the transfer of land to or
from the county.108
Miscellaneous Obsolete Records, 1777 — .189
The record contains the names of foreigners who took oaths of allegiance,170
and recorded copies of certificates entitling disabled veterans to obtain
pensions.171
accounts
Fee Book, 1810 — -. Title varies: Daily Docket.
In this book is a record of all fees received by the recorder or by anyone
employed in his office. It shows date, payee’s name, service rendered, fee
charged, and State tax.172
161 1895 P. L. 389 No. 276 sec. 1 rep. 1915 P. L. 312 ch. XIII art. I sec. 1(a) but
reen. in sec. 4 rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 204; 1903 P. L. 163
No. 120.
102 1913 P. L. 910 rep. 1927 P. L. 519 sec. 3301 ; 1915 P. L. 312 ch. II art. V sec. 3
rep. 1927 P. L. 519 sec. 3301 but reen. as am. in sec. 302.
103 1907 P. L. 264 sec. 3 rep. 1915 P. L. 312 ch. XIII art. I sec. 1(c) but reen.
in ch. Ill art. I rep. 1927 P. L. 519 sec. 3301 but reen. in secs. 406, 432.
164 1915 P. L. 312 ch. II art. Ill secs. 1, 2 rep. 1927 P. L. 519 sec. 3301.
163 1903 P. L. 71 sec. 10 rep. as to third-class cities, 1931 P. L. 932 sec. 4701 but
reen. in sec. 3109, rep. as to counties 1929 P. L. 1278 sec. 1051 but reen. in sec. 856.
166 1907 P. L. 223 No. 171.
161 1933 P. L. 103 sec. 1141 ; 1935 P. L. 1308.
183 1915 P. L. 274 No. 170 sec. 6 sup. 1923 P. L. 1030 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 46.
189 These records are very rarely found today.
170 1777, IX St. at L. 110 sec. 2; 1789, XIII St. at L. 222 sec. 5.
1,1 1777, IX St. at L. 140 sec. 1 rep. 1790, 5 Sm.L. 517.
172 1868 P. L. 3 sec. 8 par. 7 am. 1901 P. L. 175. By the act of 1810 P. L. 79 sec. 1
these accounts had to be forwarded to the Auditor General. This act was sup. for
counties of more than 150,000 population by 1876 P. L. 13 sec. 2 and for counties of
less than 150,000 population by 1874 P. L. 125 sec. 1 am. 1909 P. L. 77 further am.
1921 P. L. 69 further am. 1937 P. L. 2786.
VI
PROTHONOTARY
Evolution and Structural Organization. The term prothonotary appears
apparently for the first time in Pennsylvania, in Governor Evans’ Ordi-
nance of 1707, when the court of common pleas was first established as a
separate court, having in civil matters practically the same jurisdiction as
its precursor, the county court. At that time the term prothonotary was used
interchangeably with that of the clerk of courts.1 With the development
of the judicial system and the growth of distinctions in jurisdiction, the
clerk of the court of common pleas became known as the prothonotary as
distinguished from the clerk of the court of quarter sessions and oyer and
terminer, though both offices, at first, were generally filled by the same
man.2
Under the ordinance of Governor Evans all writs and processes of the
court of common pleas were to issue out of the office of the prothonotary
under the county seal and all returns were to be made to his office. But no
specific provision was made at this time for the manner of appointment of
the prothonotary. The Charter of Privileges of 1701 provided that the
justices of each county were to nominate three persons from whom the
Governor was to select one as “clerk of the peace.” 3 This person also
served as prothonotary or clerk of the court of common pleas. With the
adoption of the Constitution of 1790 the appointment of the prothonotary
was vested in the Governor. This was under the provision that the Gov-
ernor should appoint all officers whose offices were established by law and
whose appointments were not otherwise mentioned therein.4
The prothonotary became an elective officer for a term of 3 years under
1 Eastman, op. cit., I, 187 ; Ordinance for Establishing of Courts, 1707, in Charter
to William Penn, p. 321.
2 F. M. Whitney v. James Hopkins, 135 Pa. 246 (1890).
3 Charter of Privileges, 1701, art. Ill, in Francis N. Thorpe, comp., The Federal and
State Constitutions, Colonial Charters, and Other Organic Laws of the States, Terri-
tories, and Colonies, Now or Heretofore Forming the United States of America, V,
3076-3081, hereinafter cited as Federal and State Constitutions. An act of 1710-11,
II St. at L. 301 sec. 26 provided for the filling of vacancies in the offices of prothonotary
and clerk of the quarter sessions by appointment by the Governor or magistrates
“to whom of right it shall belong.”
'Const, of 1790, art. II, sec. 8.
184
PROTHONOTARY
185
the Constitution of 1838.5 This method of selection was reaffirmed under
the Constitution of 1874 and the prothonotary’s tenure continued to be
3 years until 1909.6 The Constitution of 1838 recognized the fact that there
was some confusion resulting from the fact that the offices of prothonotary,
the clerk of the court of quarter sessions and oyer and terminer, the re-
corder of deeds, the register of wills, and the clerk of orphans’ court were
sometimes held by one man and sometimes held by several, each county
following a system of its own. The constitution provided for legislation
designating “the number of persons in each county who shall hold said
offices, and how many and which of said offices shall be held by one per-
son.” 7 The legislature acted quickly on this recommendation and passed
an act 1 year later which served this purpose by enumerating each county
and setting up a plan for the holding of these offices in each one.8 Other
laws were passed from time to time throughout the rest of the nineteenth
century affecting this situation. Upon the revision of the county laws in
1929 this phase of county government was again touched upon and coun-
ties with a population of 40,000 or more were designated separate judicial
districts. Counties coming within this group may accept the provisions of
this section of the law, which makes it mandatory for the office of pro-
thonotary to be filled by only one man.9 Another section 10 of the same act
provides that the office of prothonotary in counties of the second, third,
and fourth classes shall be filled by one man, that in counties of the fifth,
sixth, and seventh classes the offices of prothonotary and clerk of the
court of quarter sessions and oyer and terminer shall be filled by one man
unless local laws provide otherwise, and that one man shall fill all five
clerical offices in counties of the eighth class unless there are local pro-
visions to the contrary.
The prothonotary must be an American citizen and a resident of the
county for at least a year before assuming office,11 He must not practice
as an attorney in the court of common pleas, nor may he, at the time of
6 Const, of 1838, art. VI, sec. 3.
0 Const., art. XIV, sec. 2 as am. 1909.
7 Const, of 1838, art. VI, sec. 3.
8 1839 P. L. 559 sec. 1.
8 1901 P. L. 559 No. 265 am. 1923 P. L. 155 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but
reen. in sec. 222.
18 1839 P. L. 559 sec. 1 ; 1893 P. L. 462 No. 331 sec. 1 ; 1901 P. L. 271 No. 178 sec.
1; 1911 P. L. 538 No. 196 sec. 1; 1921 P. L. 553 sec. 1; 1927 P. L. 373 rep. 1929
P. L. 1278 sec. 1051 ; 1929 P. L. 1278 sec. 221.
11 Const., art. XIV, sec. 3.
186
COUNTY GOVERNMENT
holding office, also be a justice of the peace.12 He cannot serve as treas-
urer while in office,13 and his ineligibility to the office of controller con-
tinues for 2 years after his term as prothonotary has expired.14
If the elected prothonotary dies before assuming office the Governor may
appoint a successor who holds office until the first general election occurring
no sooner than 3 months after the death of the elected prothonotary. If a
vacancy occurs in any other manner a successor is elected at the first
general election occurring no sooner than 3 months after such vacancy.15
Meanwhile, the deputy prothonotary serves as prothonotary.
The prothonotary may appoint a first 10 and second 17 deputy who acts in
case of the death or resignation of his principal. In counties of the second
and third classes the first deputy may be designated from the force of
clerks in the prothonotary’s office and in third-class counties he must be
learned in the law.1R The prothonotary must also detail as many clerks or
deputies as are necessary to enable the judges to properly dispose of the
business of the court.19
Powers and Duties. The Supreme Court of Pennsylvania has ruled that
the prothonotary of the court of common pleas is merely the clerk of that
court. As such it is his duty to keep records pertaining to all civil cases and
establish dockets and books for the maintenance of such records.20 The
prothonotary must give bond and deliver his records to his successor. The
amount of the bond in all counties from the third to the eighth class is
fixed by the Governor.21 The court of common pleas may inquire into
the manner of performance of his official duties and into the solvency of
his sureties.22
12 1834 P. L. 333 sec. 75; 1874 P. L. 186 No. 120 sec. 4; 1929 P. L. 1278 sec. 223.
'“1929 P. L. 1278 sec. 142.
14 1895 P. L. 403 sec. 2; 1929 P. L. 1278 sec. 132.
16 1839 P. L. 559 sec. 4; 1897 P. L. 4 sec. 1.
10 1874 P. L. 43 No. 2 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 224.
17 1897 P. L. 100 No. 83 sec. 1 am. 1917 P. L. 304 sec. 1 rep. 1929 P. L. 1278 sec.
1051 but reen. in sec. 228.
‘“ 1929 P. L. 1278 sec. 224.
1U 1875 P. L. 25 sec. 2.
20 F. M. Whitney v. James Hopkins, 135 Pa. 246 (1890).
21 1834 P. L. 333 sec. 76; 1915 P. L. 198 No. 109 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 225. Under the act of 1929 the amount of bonds in counties of the
second class is definitely fixed.
22 1846 P. L. 432 sec. 1.
PROTHONOTARY
187
The duties of the prothonotary were first prescribed by act of Assembly
in 1710.23 A statute of 17 1 5 24 directed him to draw up trial lists, and pro-
vided that all records and dockets, minutes, and processes of the Provincial
Courts, with the files relating thereto, were to be lodged with him. His
duties were further defined by another statute of 1715 by which he was
directed to enter in certain books the names of the plaintiffs and defendants
in every writ issued, with the date, the debt or damages sued for, and the
name of the justice signing each writ.20
Comprehensive legislation summarizing the powers of the prothonotary
was passed in 1834.26 He was given the following powers: (a) to sign
and affix the seal of the court of common pleas to all writs and processes,
and to the exemplification of all records; (b) to take bail in civil actions
pending in this court; (c) to enter judgments at the instance of plaintiffs,
upon the confession of defendants; (d) to sign all judgments; (e) to take
acknowledgments of satisfactions of judgments or decrees entered on the
record of the court; (f) to administer oaths and affirmations in conduct-
ing the business of his office.27 He also was given custody of the seal and
records of the court.28
The most important record kept by the prothonotary is the judgment
docket or index, which was introduced by legislation in 1827. 29 The pro-
thonotary is required to copy into this docket every judgment or award of
the court. The courts may authorize the prothonotary by rule or standing
order to enter judgment upon praecipes for want of an appearance, for
want of a declaration or plea, or for want of an affidavit of defense.30
Judgments where damages are certain or may be rendered so by calcula-
tion may be referred to the prothonotary to fix the amount.31 Upon appli-
cation, he may enter judgment on any bond, note, or other instrument con-
taining a confession of judgment in favor of the holder.32 But before the
23 1710, II St. at L. 301 sec. 12.
24 1715, III St. at L. 73.
25 1715, III St. at L. 125.
26 1834 P. L. 333 sec. 77.
'7 1859 P. L. 194 sec. 1; 1929 P. L. 1278 sec. 226. In counties of the second and
third classes any clerk designated by the prothonotary in his office to do so may
administer oaths and affirmations, 1929 P. L. 1278 sec. 229.
28 1834 P. L. 333 sec. 23.
29 1827 P. L. 154 sec. 3.
80 1889 P. L. 41 sec. 1; 1915 P. L. 483 sec. 17; 1929 P. L. 627 sec. 5.
81 Rules of court in each county make provisions for this.
82 1806 P. L. 334, 4 Sm.L. 270 sec. 28.
188
COUNTY GOVERNMENT
prothonotary enters judgment other than upon a verdict of the court, he
must obtain a certificate signed by the plaintiff. Upon entry of such judg-
ment he must file the certificate under the same number and term of court
as shown on the docket. Within 1 month he must deliver to the county
tax assessing authorities a written report of its entry setting forth the date,
amount, number and term of court, and names and addresses of all parties.33
Within 20 days after entering a judgment in favor of the Commonwealth,
the prothonotary must report the entry to the State Treasurer.34
Liens of all judgments, recognizances, and executions levied on real
estate or of writs of scire facias to revive or have execution of judgments,
must be indexed in the judgment docket in the county where the land is
situated.35 All writs of scire facias to revive or execute a judgment must
also be indexed in the adsectum judgment docket.38 Judgments compelling
the assignment of mortgages must be certified to the recorder of deeds.37
Although the prothonotary is the clerk of the county court of common
pleas, he is required to enter upon his dockets judgments of the District and
Circuit courts of the United States 38 and matters pertaining to the admin-
istration of decedents’ estates.39
There has been much legislation on the duties of the prothonotary per-
taining to the satisfaction of judgments. An act of 1891 40 provides that
where any judgment has been paid and fully satisfied, it is the duty of the
prothonotary to enter the date of satisfaction in all books, dockets, and
indexes where such judgment might be entered. To the same effect is the
act of 1864, 41 which provides that where there has been satisfaction of a
judgment by virtue of an execution, it is the duty of the court to direct
the prothonotary to enter satisfaction upon the record. Formerly, before
such an order of the court could be issued, three preliminary steps were
necessary. First, there had to be an application by the defendant; second,
a rule to show cause why the judgment should not be marked “Satisfied"
33 1929 P. L. 1804 sec. 1 am. 1937 P. L. 2325 No. 445 sec. 1.
34 1811 P. L. 145, 5 Sm.L. 228 sec. 30.
35 1856 P. L. 532 sec. 3.
30 1879 P. L. 134 sec. 2.
37 1903 P. L. 327 sec. 1.
38 1895 P. L. 247 sec. 1 ; 1929 P. L. 1805 sec. 1.
33 1917 P. L. 363 sec. 18(b-5, e-1) ; 1917 P. L. 447 secs. 15(a, b, d), 18(c), 51 (a, b) ;
1919 P. L. 104 sec. 1.
40 1791, 3 Sm.L. 32 sec. 14; 1891 P. L. 244 sec. 1.
41 1864 P. L. 52 sec. 1.
PROTHONOTARY
189
had to be granted, and third, the prothonotary had to be directed to mark
the entry “Satisfied.” 42
In cases where judgment has been entered and obtained and proceedings
to open or annul the same are pending and are not disposed of, the de-
fendant may pay into court the amount of the judgment. It is then the duty
of the prothonotary to mark on the Judgment Docket, “Lien Discharged.” 45
The prothonotary must furnish the recorder of deeds with a memoran-
dum of suit brought upon any mortgage or recognizance of record.44 When-
ever such mortgage or recognizance has been marked, “Satisfied,” the
prothonotary upon request of the defendant must furnish a certificate of
the entry of satisfaction.45
As clerk of the court of common pleas the prothonotary has been pro-
vided with records relating to actions of ejectment.46 Without motion to
the court the prothonotary has the power to issue writs of estrepment to
prevent waste in any case where an action of ejectment is pending.47 In
actions to establish mechanics’ liens the prothonotary also has duties relat-
ing to the keeping of records and whenever security is required in such
cases it may be approved by the prothonotary subject to an appeal to the
court of common pleas.46
In the preparation of trial lists for civil cases in the court of common
pleas it is the prothonotary’s duty to place all claims for wages of labor
first on the list.49
One of the duties of the prothonotary is to choose arbitrators in com-
pulsory arbitration proceedings. He may, however, delegate this duty to
another person as the court considers this a ministerial rather than a
judicial function.50 The prothonotary must enter award of the arbitrators
in a docket.51 When no appeal from an arbitrator’s award has been entered
within the prescribed time limit, it is the prothonotary’s duty, at the request
42 1876 P. L. 7 sec. 1.
43 1873 P. L. 331 sec. 4; 1909 P. L. 103 sec. 1.
44 1860 P. L. 630 sec. 1.
45 Ibid., sec. 2.
46 1806 P. L. 558, 4 Sm.L. 326 sec. 12; 1856 P. L. 532 sec. 2.
47 1803 F. L. 623, 4 Sm.L. 88 sec. 2.
48 1901 P. L. 431 sec. 50.
40 1877 P. L. 13 sec 1. The duty of the prothonotary to draw up trial lists is usually
imposed upon him by rule of court.
J" Reading Trust Company v. Mattes ( appellant ), 250 Pa. 414 (1915).
61 1836 P. L. 715 secs. 20, 23.
190
COUNTY GOVERNMENT
of the party in whose favor the award was made, to issue execution to
carry the judgment into effect.52 Upon application of either party the
prothonotary must enter a rule to take the depositions of aged or infirm
witnesses or of those leaving the jurisdiction of the court before the date
of trial.53
In all civil cases the parties may, by written agreement, submit the case
to the decision of any person admitted to practice law before the Supreme
Court of Pennsylvania. The prothonotary notifies the person selected as
referee.54
Upon the application of any persons wishing to become parties to an
amicable suit the prothonotary must enter the application without the
agency of an attorney, and upon the filing by the defendant of a written
confession of the amount due to the plaintiff, he must enter judgment.53
Parties to an amicable action may present a written agreement to the pro-
thonotary, who files and enters it on his docket. From the moment such
entry is made, the action is deemed to be pending in the same manner as
if the defendant had appeared in answer to a summons issued against him
by the prothonotary.56
In workmen’s compensation cases erroneously brought in the court of
common pleas instead of before the Workmen’s Compensation Board, the
prothonotary, upon request of either of the parties, certifies the case in-
cluding all the proceedings held before the court, to the Board.57 All work-
men’s compensation papers are filed with the prothonotary, who is required
to enter judgment pursuant to compensation agreements or awards and
modifies or satisfies them according to subsequent agreements and awards.58
Upon filing of the notice of an appeal from the Workmen's Compensa-
tion Board to the court of common pleas, the prothonotary issues a writ
of certiorari to the Board, commanding it to certify to the court its entire
record in the matter within 10 days after service. The writ, together with a
copy of the exceptions, is mailed by the prothonotary to the Bureau of
Workmen’s Compensation at Harrisburg.59 As soon as judgment is ren-
62 Ibid., sec. 34.
“ Ibid., sec. 47.
M 1874 P. L. 166 secs 1, 2.
“ 1806 P. L. 558, 4 Sm.L. 326 sec. 8.
M 1836 P. L. 568 sec. 40.
67 1919 P. L. 764 sec. 1 ; 1921 P. L. 910 sec. 1.
M 1915 P. L. 736 sec. 428; 1919 P. L. 642 sec. 6.
ss 1915 P. L. 736 sec. 427; 1919 P. L. 642 sec. 6.
PROTHONOTARY
191
dered on the appeal, the prothonotary sends to the Board a certificate of
the judgment with a copy of any opinion filed in the case, and within
5 days, he must give notice of the judgment by registered mail to all
parties.60 The prothonotary must make a monthly report to the Board of
the disposition of all appeals taken to the court of common pleas.61
At the expiration of the period allowed for an appeal from the judgment
of the common pleas court, the record of the board is remitted to it by the
prothonotary unless an appeal has been taken, in which case the record is
remitted to the board by the prothonotary on its return from the appellate
court.62
In 1933 the prothonotary's duties in respect to associations were taken
away and reenacted only in reference to nonprofit corporations.63 The
duties relating to all other associations were taken over by the Secretary
of the Commonwealth. The prothonotary must make a monthly return to
the Department of State of the incorporation of each nonprofit corporation
and issue a certified copy thereof to the incorporators.64
The prothonotary must make a monthly report to the Department of
State which includes the old and new name and address of the registered
office of every nonprofit corporation which changed its name during the
preceding month.63 This report includes the names and registered offices
of the constituent corporations involved in merger, consolidation,08 or dis-
solution 67 proceedings consummated during the preceding month.
When the committee appointed to care for the estate of a lunatic or
habitual drunkard sells or mortgages real estate and is incapable of execut-
ing a deed or mortgage, the court may direct the prothonotary to do so
upon petition of the purchaser or mortgagee.88 Like proceedings may be
m Ibid.; 1931 P. L. 958 sec. 1.
91 1915 P. L. 736 sec. 432; 1915 P. L. 736 sec. 433 supp. 1939 P. L. 565; 1919 P. L.
642 sec. 6 as reen. and am. 1937 P. L. 1552 sec. 1 further reen. and am. 1939 P. L.
520 sec. 1.
62 1915 P. L. 736 sec. 427; 1919 P. L. 642 sec. 6.
“ 1856 P. L. 293 am. 1925 P. L. 403 sec. 1 rep. insofar as it relates to nonprofit
corporations, 1933 P. L. 289 sec. 1102, to business corporations, 1933 P. L. 364 sec.
1202, to associations, 1933 P. L. 547 No. 108 sec. 1302, and to incorporated institu-
tions, 1933 P. L. 624 sec. 1602.
84 1933 P. L. 289 sec. 208.
85 Ibid., sec. 709.
86 Ibid., sec. 810.
87 Ibid., sec. 1001.
88 1836 P. L. 589 sec. 32.
192
COUNTY GOVERNMENT
had if any committee neglects or refuses to execute any deed of sale or
mortgage.09 Also when a lunatic is imprisoned in a civil action, it is the
duty of the prothonotary to make this fact known to the court, which hears
objections to the discharge of such prisoner. The prothonotary inserts a
notice in a newspaper, and also notifies creditors of the hearing.70
The prothonotary’s duties are extended to cases involving insolvency and
assignments for the benefit of creditors in which matters he must give
public notice of the filing of schedules of distribution.71
In all suits commenced by attachment against fraudulent debtors a bond
in favor of the Commonwealth must be approved by the prothonotary be-
fore the attachment will be issued.72 Upon return of the writ in proceed-
ings in domestic attachment against fraudulent debtors, three men, not
creditors, are appointed trustees of the estate of the defendant.73 Before
making distribution of the proceeds of the estate, the trustees having ascer-
tained the proportionate sum payable to each creditor, the prothonotary
gives public notice of the filing of their report by advertisement.74
The prothonotary may assess damages in foreign attachment proceed-
ings where the plaintiff has entered a rule for the same.75 Formerly it was
necessary to publish such rule with a statement of claim.78
There are certain matters relating to the collection of taxes which come
within the scope of the prothonotary’s duties. In the determination of
these duties, which relate to the keeping of records, careful distinction must
be made between tax liens and municipal claims for special assessments.77
For many years before the passage of the Election Code of 1937 the
prothonotary had duties connected with elections. Duplicate returns of all
6:1 Ibid., sec. 33.
70 Ibid., sec. 50.
71 1836 P. L. 628 secs. 6, 15, 26, 30; 1883 P. L. 73 sec. 1 rep. 1901 P. L. 404 sec.
42, suspended by the Federal Bankruptcy Act 1898, 30 U. S. Stat. 544, ch. 541 ; see:
Lavery v. Beatty, 28 Dist. 612 (1919) ; also Hoover v. Ober, 42 Super. 308 (1909).
In the days when arrest for debt was permissible the prothonotary had the power to
discharge insolvent debtors. See 1820 P. L. 155; 1833 P. L. 107 sec. 1.
73 1869 P. L. 8 sec. 1 ; 1887 P. L. 197 sec. 1 ; 1878 P. L. 147 No. 185 sec. 1.
73 1836 P. L. 606 sec. 13.
u Ibid., secs. 31, 32.
75 1870 P. L. 60 sec. 1.
76 1855 P. L. 532 rep. 1870 P. L. 60 sec. 1.
" 1893 P. L. 453 sec. 3 rep. as to third-class cities 1931 P. L. 932 sec. 4701 ; 1899
P. L. 120 sec. 1; 1923 P. L. 207 secs. 9, 26; 1927 P. L. 729 sec. 2; 1927 P. L. 733
sec. 3; 1929 P. L. 1215 secs. 1, 3; 1937 P. L. 2609 sec. 9; 1939 P. L. 351 secs. 1, 2;
1939 P. L. 641 sec. 3.
PROTHONOTARY
193
votes given for judges of the Supreme Court had to be made by the pro-
thonotary, one of which he mailed to the Secretary of the Commonwealth. TS
From 1921 to 1937 this was done either by the prothonotary or the county
commissioners.79 Judges of elections delivered returns of elections to the
prothonotary,80 who sent a certified copy to the return judges.81 He also
sent a copy to the Secretary of the Commonwealth and sent the returns of
the elections of all county and township officers to the court of quarter
sessions.82
Return judges had to deposit returns with the prothonotary, who sent a
certified copy to the Secretary of the Commonwealth and another copy to
the elected officials.83 He also gave to anyone requesting it a certified list
of voters and other papers deposited in his office by the judges of
elections.84
In 1937 these duties were taken over by the county board of elections
except insofar as the court of common pleas has jurisdiction over contested
elections.83
With the exception of a short period of time in early Pennsylvania his-
tory equity jurisdiction has been confined to the court of common pleas
and the prothonotary must, therefore, perform many general duties per-
taining to matters in equity.86
Prior to 1906 the courts of common pleas and quarter sessions and oyer
and terminer had jurisdiction over the naturalization of aliens by virtue of
the first uniform naturalization law passed by Congress in 1790. 87 The
comprehensive naturalization law of 1906 which provided for uniform
processes and records over the Nation gave exclusive jurisdiction over the
naturalization of aliens to the following courts : United States District
courts in the states and territories, the Supreme Court, and also all courts
of record in any state or territory having a seal, a clerk, and jurisdiction in
78 1874 P. L. 54 sec. 5 rep. 1937 P. L. 1333 sec. 1901.
79 1921 P. L. 423 sec. 3 rep. 1937 P. L. 1333 sec. 1901.
80 1874 P. L. 31 sec. 13; 1899 P. L. 127 sec. 1 ; 1909 P. L. 425 sec. 1 ; 1923 P. L. 267
sec. 1 ; 1925 P. L. 103 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
81 1864 P. L. 990 secs. 17, 18 rep. 1937 P. L. 1333 sec. 1901.
82 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901.
83 1839 P. L. 559 sec. 3 ; 1850 P. L. 654 sec. 2 ; 1919 P. L. 458 sec. 2 rep. 1937 P. L.
1333 sec. 1901.
84 1839 P. L. 519 sec. 85 rep. 1937 P. L. 1333 sec. 1901.
85 1937 P. L. 1333.
86 See supra, pp. (Judiciary in Governmental Organization).
87 1790, 1 U. S. Stat. 103 ch. 3.
194
COUNTY GOVERNMENT
actions at law and equity in which the amount in controversy is unlimited.88
The court of common pleas has continued to exercise this jurisdiction to
some degree in most counties and some of the prothonotary’s duties are
enlarged to this extent.
The prothonotary has definite duties related to the selection and sum-
moning of jurors. All jury fees must be paid to the prothonotary who in
turn, places the money in the hands of the county treasurer.89 Names of
attending, defaulting, and excused jurors must be certified by the pro-
thonotary.00 If a special view is allowed in any case, the prothonotary must
issue a special writ of venire containing the names of the jurors.91
Insofar as courts of magistrates and justices of the peace are concerned,
the prothonotary takes the place of the clerical officer of that court. Accept-
ances of office of aldermen or justices of the peace are certified by the pro-
thonotary to the Secretary of the Commonwealth.92
The prothonotary is entitled to administer an oath or affirmation re-
quired in the issuing of writs of certiorari to remove any case tried before
justices of the peace.93 Transcripts of judgments obtained before justices
of the peace may be certified by the prothonotary to other counties.94
The prothonotary has also some duties in respect to appeals from the
court of common pleas to the upper courts. In response to a writ of
certiorari from an upper court, it is the duty of the prothonotary to pre-
pare and forward to the appellate court the record in the case duly certified
by the judge of the lower court.95
Under the act of 1897 the prothonotary fixed the amount of the bond
to be given on appeal. In 1909 this practice was changed and the amount
of bond was fixed at double the amount of the judgment or decree with
88 1906, U. S. Stat. 596 ch. 3592 sec. 3; 1911, 36 U. S. Stat. 1167 ch. 231 sec. 289;
1913, 37 U. S. Stat. 737 ch. 141 sec. 3.
89 1805 P. L. 183, 4 Sm.L. 237 sec. 13; 1913 P. L. 226 sec. 1. The act of 1915 P. L.
54 sec. 5 rep. the act of 1805 P. L. 183 but does not repeal the amending act of 1913
P. L. 226. The act of 1805 expired by its own limitation but was afterwards revived
and made perpetual by the act of 1809 P. L. 163, 5 Sm.L. 59.
60 1834 P. L. 333 sec. 128.
91 Ibid., sec. 124.
92 1877 P. L. 12 sec. 4; 1915 P. L. 142 sec. 1.
93 1817 P. L. 31, 6 Sm.L. 398 sec. 1. Since 1895 the same result may be achieved
by filing a praecipe, recognizance, and affidavit taken before the justice of the peace,
in the prothonotary’s office, 1895 P. L. 100 sec. 1.
94 1810 P. L. 208, 5 Sm.L. 161 sec. 17.
95 1897 P. L. 67 secs. 2, 5.
PROTHONOTARY
195
security to be approved by the lower court.118 After acknowledgment and
pending delivery sheriff’s or coroner’s deeds remain in the custody of the
prothonotary as a public record 07 and at the proper time the prothonotary
delivers them to the sheriff or coroner.08 On the expiration of his term
the prothonotary must deposit with his successor all such deeds delivered
to him during his term, which have not been called for by the parties en-
titled to them."
In judicial districts composed of a single county, upon notice to the
judgment creditor, an application for a stay of writ of execution may be
made to the prothonotary, who has the power to grant a rule to show cause
why the execution should not be stayed.100
The prothonotary must keep general accounts of the business of his
office.101 All costs collected by him and not paid out to the parties entitled
to them are turned over to his successor.102 At one time the prothonotary,
upon receiving money, credited it to the parties entitled to it and at the
beginning of each quarter, posted in his office a notice showing the amount
due each person. This practice is no longer required,103 but the prothono-
tary must keep an account of all fees received by him or any person em-
ployed in his office. This account is scrutinized by the controller or auditors
from time to time.104
As agent of the Commonwealth the prothonotary collects taxes on writs
and other legal documents. He must make a return to the Department of
Revenue and pay the money collected to the State Treasurer.105 He must
also make monthly returns to the Department of Revenue and pay to the
State Treasurer all money received for the use of the Commonwealth.108
u0 1909 P. L. 108 sec. 1.
97 1905 P. L. 265 sec. 3.
88 Ibid., sec. 4.
s" 1862 P. L. 125 sec. 1.
1U0 1881 P. L. 166 sec. 1.
,'11 1913 P. L. 188 sec. 1.
102 Ibid., sec. 2.
188 1913 P. L. 567 sec. 1 rep. 1929 P. L. 1278 sec. 1051.
104 1868 P. L. 3 sec. 8; 1874 P. L. 125 sec. 1; 1901 P. L. 175 sec. 1; 1909 P. L. 77
sec. 1 ; 1921 P. L. 69 sec. 1. By the act of 1810, 5 Sm.L. 105 these accounts had to be
forwarded to the Auditor General. This act was rep. as to counties with a population
of 150,000 or over 1876 P. L. 13 sec. 1 and as to counties of less than 150,000 popula-
tion, 1874 P. L. 125 sec. 1.
105 1830 P. L. 272 sec. 1; 1929 P. L. 343 sec. 611.
,w 1830 P. L. 272 sec. 7; 1893 P. L. 125 sec. 1.
196
COUNTY GOVERNMENT
The prothonotary must make a report to the Department of Revenue of
all estates of effects which have been paid into and deposited with the court
of common pleas if the whereabouts of the rightful owners have been un-
known for 7 years.107 A copy of the prothonotary’s daily record of every
instrument filed in his office securing a debt must be transmitted by him
monthly to the Department of Revenue,108 and the commissioners’ office
or the board of revision of taxes.109
There are numerous laws which minutely indicate the duties of the pro-
thonotary in particular types of proceedings that come before tbe court of
common pleas. In all these cases the prothonotary has some share of work,
primarily related to the keeping of records.110 Among his miscellaneous
duties is the requirement that he keep for public inspection advance copies
of laws enacted at each session of the General Assembly.* * 111
When reports of viewers in condemnation proceedings are filed, the
prothonotary marks them confirmed nisi, and then if no exceptions are
filed within 30 days he enters a decree of absolute confirmation.112 The pro-
thonotary issues peddlers’ licenses to disabled veterans without cost.113
When a writ of replevin is served, the sheriff must certify to the pro-
thonotary the name of the person in whose possession the goods are found,
if such person is not the defendant.114 Parties to actions in replevin and
foreign and domestic attachments may, instead of giving bonds, deposit the
amount of the bonds in United States currency with the prothonotary who
deposits these funds in an approved bank to be paid out upon order of
the court.115
It is the duty of the officer taking bond on writs of capias ad responden-
dum to make return of them together with the writ itself to the office of
the prothonotary.110 In issuing a capias ad respondendum the prothonotary
must endorse upon it the amount of bail required by the plaintiff.117
107 1929 P. L. 343 sec. 1305; 1935 P. L. 190 sec. 1.
103 1935 P. L. 414 sec. 11.
1U'J 1913 P. L. 507 sec. 8.
1,0 See records section, infra.
111 1893 P. L. 102 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 230.
1,2 1891 P. L. 75 sec. 6; 1903 P. L. 124 sec. 2.
1,3 1867 P. L. 50 sec. 1 ; 1891 P. L. 250 sec. 1 ; 1921 P. L. 895 sec. 1 ; 1935 P. L. 126
sec. 1 ; 1937 P.L. 1191 No. 305 sec 1.
1,1 1901 P. L. 88 sec. 2; 1923 P. L. 136 No. 103 sec. 1.
1,5 1909 P. L. 115 sec. 1.
1,0 1836 P. L. 658 sec. 12.
117 Ibid., sec. 28.
PROTHONOTARY
197
The recorder of deeds forwards the date, amount, and place of record
of the recognizance of each sheriff or coroner, together with his name and
address to the prothonotary, who must enter this information upon his
dockets.118
The prothonotary has definite duties relating to the keeping of records
of conditional sales contracts and divorce proceedings. If the owner or
occupier of land condemned in partition proceedings refuses to surrender
possession, proof of service of notice to move is filed with the prothonotary
who issues a writ of habere facias possessionem directing the sheriff to
take possession.119 The prothonotary must endorse his certificate on treas-
urer’s deeds for lands sold by county treasurers for nonpayment of taxes.120
Trustees inter vivos must give bond before assuming their duties and upon
order of court the prothonotary cancels these bonds.121
Whenever the court orders a change of venue in a civil case, the pro-
thonotary must forward certified copies of all docket entries, pleadings,
processes, depositions, and other papers pertaining to the case to the pro-
thonotary of the county to which the case has been removed.122 The pro-
thonotary must certify to the county commissioners the attendance of con-
stables at court so that the commissioners may pay them.123
Whenever a special court is deemed necessary, the president judge must
notify the prothonotary, whose duty it is to make and forward to the presi-
dent judge trial lists of the cases to be tried.121
In 1864 125 the prothonotary was directed to receive a descriptive list of
all unpatented lands made out by the Surveyor General. Four years later
he was permitted to receive in lieu of these lists “land lien dockets” con-
taining lists of all patented and unpatented lands upon which there is
money due the Commonwealth and surveys have been returned.126 The
Secretary of Internal Affairs took over the duties of the Surveyor General
119 1939 P. L. 359 sec. 3.
" '1907 P. L. 461 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 517.
1:0 1911 P. L. 257 sec. 1.
121 1831 P. L. 192 sec. 4.
122 1875 P. L. 35 sec. 4.
123 1814 P. L. 28 sec. 2.
124 1834 P. L. 333 sec. 39; 1840 P. L. 153 sec. 1.
I2'’ 1864 P. L. 914 secs. 1, 3, 4.
128 1868 P. L. 60 sec. 1 ; 1872 P. L. 51 sec. 3.
198
COUNTY GOVERNMENT
in 1874 127 and he was directed to forward to the prothonotary a certified
statement of the cancellation of any such liens.128
Records. The prothonotary must copy and transcribe any books or
papers of record in his office whenever it becomes necessary to do so to
prevent their becoming illegible. The work of copying and transcribing is
done in his office, and the copies are certified when completed.329 He must
save the originals of these copies.130
A study of the prothonotary’s records will reveal the fact that many
records are kept without specific statutory requirement. They are main-
tained as a matter of convenience in the course of the performance of the
prothonotary’s duties. On the other hand the duties which have been out-
lined in the preceding pages sometimes are not clearly revealed in the rec-
ords which actually are kept. Often this is because the legislation pre-
scribing the duty only implies the necessity for the keeping of a particular
type of record. Court rules provide the authority for the keeping of records
not required by statute.
MINUTES
Minute Book Common Pleas, usually dates from the beginning of
the county.
The minutes of proceedings of the court of common pleas are recorded in
these records, which show the court term and case number, names of parties,
type of case, date of trial, date and manner of disposition, and names of the
judges and court officers.131
OATHS AND BONDS
Bonds, Oaths, and Acceptances of County Officers, dates from the
time of the establishment of the county.132
Subdivisions within this main series of records, under different titles, ap-
pear in particular counties, in all cases. This type of record shows name
“ Const, art. IV, sec. 19; 1874 P. L. 135 sec. 4.
128 1911 P. L. 106 sec. 2.
12u 1921 P. L. 938 sec. 1.
130 Ibid., sec. 3.
131 In smaller counties this minute book sometimes contains records of the proceed-
ings in the courts of quarter sessions and oyer and terminer and of the orphans’ court.
:B2 Const., art. VII, sec. 1 ; 1929 P. L. 1278 sec. 52. Since 1929 this record may be
found to include oaths of the chiefs of city bureaus of inspection, engineers, and in-
spectors under act of 1929 P. L. 1063 sec. 203. For special provision concerning oath
of district attorney, see 1850 P. L. 654 sec. 2. Since 1876 these records may include
oaths of court stenographers under act of 1876 P. L. 140; 1907 P. L. 135 sec. 1.
PROTHONOTARY
199
and title of official ; date filed ; contents of oath ; amount of bond ; and signa-
tures of sureties, witnesses, and county official receiving instrument. If the
record includes acceptances of office 133 the following are usually indicated :
district, date of election, and signatures of prothonotary and office holder.
TRIAL AND ARGUMENT LISTS
Docket of Issues and Arguments, dates should be found as early as
any other record in the county, although before the middle of the
nineteenth century there was a tendency to keep this data in the
general records and dockets of the court.134
Record of cases which have given rise to a specific issue requiring argu-
ment. It indicates the date set for argument, names of parties and their
attorneys, court term and case number, point in issue, and disposition of the
argument.
Trial List, from the date of establishment of the county.135 Title
varies : Watch Book.138
Record of cases to be tried in ensuing term of court. It is essentially a
calendar, showing court term and case number, names of parties and at-
torneys, and nature of the cause of action.
JUDGMENTS
Judgment Scratcher. This record is kept as a matter of convenience
and may be found from any date since the time of establishment
of the county. Title varies: Judgment and Execution Scratcher;
Judgment Blotter.
This is a daily temporary record of instruments containing confessions of
judgments and of judgments awarded by the court, showing court term
and case number, names of parties, date judgment was entered, and amount
of judgment. It is usually arranged chronologically by term of court.
'“Magistrates and justices of the peace are required to file acceptances of office
with the prothonotary. See 1877 P. L. 12 sec. 4; 1915 P. L. 142 sec. 1.
134 It is often combined with the trial list, and sometimes with both the trial and
jury lists. Equity argument lists are usually combined with the general argument
lists in the court of common pleas.
135 In the earlier periods they were not in most instances kept separately.
1:6 It is often combined with the argument list or issue docket and sometimes with
both the argument and jury lists. Equity trial lists are usually combined with the
general trial lists in the court of common pleas.
200
COUNTY GOVERNMENT
Judgment Dockets, 1827- — -,137 Title varies: Lien Docket ; Judgment
Index; Adsectum Judgment Docket.
This record is one of the most important records kept by the prothonotary.
It is a permanent indication of all judgments entered in the county as the
result of court proceedings, since it is the prothonotary’s duty to enter
herein every award of the court in the order of time in which the award
was given. This docket shows court term and case number ; names of parties
and their attorneys ; date judgment or award was entered ; type and amount
of judgment; whether or not execution was issued; and date when judg-
ment was opened, revived, stricken off, or satisfied.138 The prothonotary
must enter upon this docket verdicts for any specific sum of money, mark
them “Verdict” and specify the amount and date of rendition.139 The pro-
thonotary receives from the recorder of deeds certification of recognizances
of sheriffs and coroners filed upon assumption of their duties and he must
enter the names of the parties to such recognizances upon the Judgment
Docket.140 He must also enter in the Judgment Docket judgments compell-
ing the assignment of mortgages ; 141 proceedings in lunacy and habitual
drunkenness, petitions to declare void any instrument conveying title to
real estate, and any proceeding by which purchasers of real estate would
be deemed to have had constructive notice of commencement;142 descrip-
tions of property attached by the sheriff in foreign attachment proceedings
with the date of execution; 143 certificates from the board of county com-
missioners to the effect that collectors of county taxes are subject to liabil-
ity for discrepancies in their accounts; 144 the date, amount, and place of
131 1827 P. L. 154 sec. 3.
,:sThe act of 1834 P. L. 537 sec. 77 provides that in the case of sale of real estate
by a sheriff, and in appropriation of the money by the court, it is the duty of the pro-
thonotary to note on each judgment or lien the amount paid by such appropriation,
with a reference thereto. In all cases where the amount due on a judgment of record
has been paid to the legal holders and the instrument on which the judgment is pro-
cured is produced to the prothonotary, he must mark the record of such lien “Satis-
fied” and file these instruments, together with the certificate allowing such satisfaction,
1856 P. L. 304 sec 1. The instruments will be found among the Appearance Docket
Papers.
139 1877 P. L. 34 sec. 1.
110 1834 P. L. 537 sec. 74 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 212.
1,1 1903 P. L. 327 sec. 1.
142 1871 P. L. 387 sec. 1 rep. as to proceedings to revive and continue liens of debts
against a decedent’s real estate, 1917 P. L. 447 sec. 63.
143 1836 P. L. 586 sec. 51.
144 1937 P. L. 2780 sec. 1.
PROTHONOTARY
201
record of the recognizance of each sheriff or coroner together with his name
and address; 146 judgments of the District and Circuit courts of the United
States; 148 many matters which pertain to the administration of decedents’
estates ; 147 specifications of contracts for labor and materials containing
special provisions as to time and manner of payments ; 14S writs of scire
facias on mechanics’ liens in the same manner as writs of scire facias
already entered;149 transcripts of judgments obtained before justices of
the peace.130 Upon entry of an appeal bond and the perfection of any ap-
peal the judgment ceases to be a lien against the real estate of the defendant
and it is the duty of the prothonotary to mark upon the judgment docket
“Appeal Perfected ; Lien Discharged.” 131
145 1939 P. L. 359 sec. 3.
144 1895 P. L. 247 sec. 1; 1929 P. L. 1805 sec. 1.
147 1917 P. L. 363 sec. 18(b-5, e-1) ; 1917 P. L. 447 secs. 15 (a, b, d), 18(c), 51 (a,
b) ; 1919 P. L. 104 sec. 1. No instrument which is not payable within 1 year after
the death of a decedent may remain a lien on his real estate unless a copy is filed with
the prothonotary of the county where the real estate is situated. This lien must be
indexed by the prothonotary against the decedent and the executor or administrator
in the Judgment Docket or Index; also upon certification by the clerk of orphans’
court, the prothonotary must enter upon the Judgment Docket or Index petitions for
the specific performance of the sale of real estate. When an action is brought or
statement filed, upon praecipe, against the estate of a decedent, it is the duty of the
prothonotary to index the same against the decedent, his executor or administrator,
and any other defendants, in the Judgment Index. Upon request, the prothonotary
must furnish a copy of the praecipe, which when duly certified under the seal of the
court, may be filed in any other county in which the real estate against the claim is
to be charged is situated. When so filed, the claim is indexed against the parties
named. When the orphans’ court issues definitive orders to pay certain sums of money
upon parties other than fiduciaries the prothonotary must file and docket certified
transcripts of these orders which remain a lien on the real estate until satisfied. He
must also file docket certified transcripts of the orphans’ court, showing the amount
appearing to be due from or in the hands of any fiduciary, on the settlement of his
accounts in the orphans’ court or by virtue of a decree of that court. These transcripts,
when filed, constitute a judgment. If the decree is appealed from the orphans’ court
the amount found by the appellate court to be due is recorded in the same way and
with like effect. When satisfied, it must be so marked. Writs of sequestration issuing
out of orphans’ court must be marked, “Satisfied,” if the orphans’ court dissolves the
writ. In re jury trials in orphans’ court, see 1917 P. L. 363 sec. 21(d) added 1937
P. L. 2665 am. 1939 P. L. 94.
143 1901 P. L. 431 sec. 18.
14,1 1895 P. L. 84 sec. 1 rep. 1901 P. L. 431 sec. 61 but reen. in sec. 43.
160 1804, XVII St. at L. 782 sec. 5; 1810 P. L. 208, 5 Sm.L. 161 sec. 10; 1844 P. L.
564 sec. 8; 1885 "P. L. 160 sec. 1.
151 1909 P. L. 108 sec. 1.
202
COUNTY GOVERNMENT
Judgment Docket Index, 1827 — .
This record is a direct index to the Judgment Docket and shows the names
of the judgment debtor and judgment creditor, date judgment was entered,
its amount, and page reference to place of recording in the Judgment
Docket.
Judgment Index Adsectum, 1827 — . Title varies: Index to Judg-
ments, Adsectum.
An additional and indirect index to the Judgment Docket and shows names
of the judgment creditor and judgment debtor, date judgment was entered
and its amount, and page reference to place of recording in the Judgment
Docket.152
Adsectum Judgment Index, 1915 — .153
An alphabetical list of names of all judgment creditors and assignees,
separate from other judgment records and indexes, which was required
by the legislature to simplify matters relating to judgments. It shows court
term and case number, names of parties, date and amount of judgment,
and whether satisfied.
Index to Assigned Judgments, 1878 — ,154
A separate record of those judgments, once procured, which have since
been assigned, and shows names of the original parties to judgment, court
term and case number, name and address of the assignee, amount of judg-
ment, and date of assignment.
APPEARANCE AND COMMON PLEAS PAPERS AND DOCKETS
Appearance Docket Papers, dates from time of the erection of the
county. Title varies : Continuance Docket Papers ; Common Pleas
Files.
This is a residuum of many miscellaneous papers which are filed separately
in some instances and in others kept together. Typical records included
163 Both the Judgment Docket Index and the Judgment Index Adsectum are some-
times used to index other records in addition to the Judgment Docket.
153 1915 P. L. 614 sec. 1. Although the title Adsectum Judgment Index is used in
legislation to refer to a brief Judgment Docket it is very confusing since it conflicts
with the commonly used phrase Judgment Docket Index, Adsectum. The latter is
the title often used for the index to the Judgment Docket which is arranged alpha-
betically by the surname of the defendant and should be distinguished from the so-
called Adsectum Judgment Index.
154 1878 P. L. 138 sec. 1.
PROTHONOTARY
203
are judgments and decrees of the Federal courts for the purpose of estab-
lishing liens against the real estate in the county; 155 sheriff’s inquisitions
and all orders of the court of common pleas in relation to partitions and
common recoveries ; 158 accounts of trustees inter vivos 157 and of guardians
of feeble-minded persons;158 descriptions of land disputed in ejectment
proceedings ; 159 statements of claims and affidavits of defense in actions of
assumpsit;180 written decisions of the court in trials without a jury;161
bonds filed in actions of replevin;162 alternative writs of mandamus filed
by defendants in mandamus proceedings ; 163 bonds of hawkers or ped-
dlers;184 bonds of importers of horses;185 reports of viewers in lateral
railroad construction ; 166 reports of viewers in condemnation proceed-
ings;167 names and photographs of the sheriff’s deputies;168 and bonds
filed on writs of capias ad respondendum.189 A description of each type
of paper is impossible within the compass of the present work because of
the greatly varied jurisdiction of the court of common pleas. Generally, it
may be said that these papers contain the names of the parties and their
attorneys and designate the type of instrument being filed. They usually
bear a date and are stamped with the court term and case number, and
official seals and signatures. The fact that they have been filed and the
date of filing are usually included in the Continuance Docket.
1895 P. L. 247 sec. 1 ; 1929 P. L. 1805 sec. 1.
168 1849 P. L. 524 sec. 8.
157 1825 P. L. 107 sec. 3 rep. as to testamentary trustees, 1917 P. L. 447 sec. 63;
1828 P. L. 453 sec. 3; 1836 P. L. 628 sec. 22.
168 1907 P. L. 292 sec. 6(b) ; 1915 P. L. 124 sec. 1.
158 1806 P. L. 558, 4 Sm.L. 326 sec. 12.
180 1806 P. L. 558, 4 Sm.L. 326 sec. 5; 1915 P. L. 483 sec. 1 ; 1921 P. L. 144 sec. 1
The prothonotary must note in the Appearance Docket the fact that these have been
filed.
181 1874 P. L. 109 sec. 2; 1935 P. L. 640 sec. 1.
162 1901 P. L. 88 sec. 1.
183 1893 P. L. 345 sec. 12.
164 1729, IV St. at L. 141 sec. 1.
185 1748, V St. at L. 65 sec. 1.
166 1832 P. L. 501.
107 1891 P. L. 75 sec. 6 ; 1903 P. L. 124 sec. 2.
188 1937 P. L. 1595 sec. 1.
188 1836 P. L. 658 sec. 12.
204
COUNTY GOVERNMENT
Summons Praecipes and Execution Praecipes, dates vary.
Usually a file of orders of attorneys for the issuing of writs of summons
and execution. These orders are brief in form, being only a short direction
issued to the prothonotary to initiate process. They show names of parties,
court term and number of suit, and signature of attorney.170
Venires, dates will probably be found from time of erection of
county.
These are really writs summoning the presence of persons to serve on
grand and petit juries and show name and address of person summoned,
date summoned, and signatures of jury commissioners and sheriff. At-
tached to venires are court orders which authorized the drawing of jurors
and showing names of judge and prothonotary.171
Interrogatories, Depositions, usually date from erection of county.
These are papers which contain testimony taken from witnesses who for
various excusable reasons were unable to appear in court to testify. These
papers show court term and case number ; names of parties and witnesses
testifying; contents of testimony; and signatures of attorneys, court
stenographer, and judge.172
Testimony, Common Pleas, 1867 — .173
These are bulky transcripts of testimony heard in cases tried before the
court of common pleas and they show court term and case number; names
of parties, attorneys, and witnesses; date of hearing and filing; and sig-
natures of court stenographer and judge.174
Court Opinions, 1806 — ,175
Upon the request of any interested party, the opinion of a judge of the
court of common pleas must be reduced to writing and filed with the pro-
170 In many counties they will be found combined with the Appearance Docket
Papers. The execution praecipes will often be found with the execution papers.
171 In many counties these may be found in the file boxes containing the Appearance
Papers.
172 These also may be found in the files of the general Appearance Docket Papers.
173 1867 P. L. 83; 1911 P. L. 279 sec. 4. In some counties the need for this was
realized before the legislative action of 1867 and there these notes of testimony will
be found earlier.
174 These papers are found in the smaller counties in the files containing other Ap-
pearance Docket Papers.
175 1806, XVIII St. at L. 61 sec. 25; 1856 P. L. 337 sec. 1. These are sometimes
found in the Appearance Docket Papers.
PROTHONOTARY
205
thonotary. These opinions show names of parties, court term and number
of case, nature of suit, a clarification of issues involved, a summary of the
law pertaining thereto, conclusion reached, and signature of judge.
Reports of Damages, dates vary.
They are original claims for damages caused in the opening,176 widening,
closing, or changing in any manner of county roads showing court term
and case number ; names of petitioner, attorneys, and viewers ; location of
the property affected ; dates when viewers were appointed ; date of view-
ing and estimate of damages; date of filing; and whether or not petition
was confirmed.
Powers of Attorney, 1722 — ,177
These papers constitute the authority given to one person to act on behalf
of another and show names of the parties and attorneys ; extent of authority
delegated, including a detailed description of nature of powers to be exer-
cised ; and official seals and signatures.
Reports of County Auditors, should date from the erection of
county.178
It is a record of county auditors’ original reports of the results of their
audits of accounts of the county commissioners, the sheriff, the treasurer,
and the coroner. These reports show name of office, amount of money
received and spent, their totals, finding of auditors, and signatures of
auditors and judge of the court of common pleas.
Appearance Docket, is a general record which will be found from
date of county’s erection. Title varies: Continuance Docket.
In this record are entered all suits instituted and appeals brought.179 It is
really a summary of all civil cases tried in the court of common pleas,
showing names of parties and their attorneys, dates the various papers were
filed and pleadings entered, an abstract of all papers filed in case, a descrip-
tion of nature of suit and instrument filed, action taken in matter, and
seals and signatures of officials concerned.
1,6 They will in most instances be found in the Appearance Docket Papers files.
177 1722, 1 Dali. 171 sec. 28. In many counties these will be found to date no earlier
than the middle of the nineteenth century.
178 1929 P. L. 1278 secs. 36 3, 364 am. 1935 P. L. 1184 sec. 2. This record will be
found only in those counties having three county auditors instead of a controller. In
some counties of this type these reports will be found in the files of the Appearance
Docket Papers. In the smaller counties it is quite possible that these papers will be
found in the Appearance Docket Papers files and in the larger counties the earlier
records of this nature are likely to be found in the same place.
170 1879 P. L. 134 sec. 3.
206
COUNTY GOVERNMENT
D.S.B. (Debt on Same or Single Bill) Papers, 1879 — ,180 Title
varies : Common Pleas Papers.
These papers will be found to consist of judgment notes and bonds, orig-
inal confessions of judgments and other liens which lead to a voluntary
entry of judgment against a debtor without recourse to the deviating
processes of suit. They show names of parties, date and character of in-
strument, date filed, amount of debt, and date it became due.
Record of Instruments Securing Debts, 1935 — .181
Daily record of all instruments filed in the prothonotary’s office securing
a debt such as notes and bonds, and should show names of parties, type
of instrument filed, date of filing, and amount of debt.
D.S.B. (Debt on Same or Single Bill) Docket, coincide in dates with
foregoing papers. Title varies: Common Pleas Docket.
All judgments by confession, transcripts, exemplifications, and other liens
are entered in this docket in pursuance to the act of 1879 which provided
that when, in addition to the judgment or lien docket in the form of an
adsectum index docket, two other dockets are kept by the prothonotarv,
the first shall be called an Appearance Docket and the second a Common
Pleas or D.S.B. Docket.182 Whenever a judgment is obtained and entered
on the Appearance Docket the court may direct the prothonotary to enter
on the Common Pleas or D.S.B. Docket the names of the parties and
whether the judgment was obtained by verdict or otherwise and the court
term and number of the case on the Appearance Docket. This must be
done before the judgment is entered in the judgment or lien docket, so
that every judgment rendered in the court of common pleas shall appear
in the D.S.B. Docket. This information must be entered in the order of
time of entry and takes its number and term from the entry on the ap-
pearance Docket. The Judgment Docket serves as an index to the D.S.B.
Docket.
Ejectment and Miscellaneous Index, 1913 — .183
The legislature, in amending existing laws in 1913, required the prothono-
tary to keep a separate index docket, to be known as the Ejectment and
180 Ibid.
181 1935 P. L. 414 sec. 11 reen. and am. 1937 P. L. 633 sec. 1 further reen. and am.
1939 P. L. 76 sec. 1.
182 1879 P. L. 134 sec. 3.
183 1878 P. L. 95 sec. 1 am. 1913 P. L. 532 sec. 1.
PROTHONOTARY
207
Miscellaneous Index, in which must be entered in alphabetical order, the
names of all persons found to be lunatics or habitual drunkards ; names of
persons or parties against whom injunctions have been granted restraining
them from selling or in any way encumbering real estate; and the names
of all parties against whom decrees of divorce have been granted. The
court may also direct the prothonotary to enter in the separate index
docket the names of all parties to suits or bills in partition ; the names of
all parties to any ejectment suit or action to recover real estate, or to com-
pel a conveyance thereof ; the names of all parties to adoption proceedings ;
the names of all parties having their names changed ; the names of all
parties to all condemnation cases in which viewers are prayed for or ap-
pointed ; the names of all parties to suits in equity affecting real estate ;
the names of all parties to proceedings otherwise relating to real estate,
which the court shall deem advisable to be entered therein. Such indexes
should be kept in place of the separate ejectment and other indexes. All
matters, proceedings, and actions at law, in equity or otherwise, that have
been entered upon the direct and adsectum indexes and upon the Judgment
Docket are not included in the Ejectment and Miscellaneous Index.
Whenever proceedings in equity, affecting the title to any real estate,
are begun in common pleas court and have been entered in the ejectment,
judgment, or miscellaneous index, and subsequently settled, satisfied, dis-
continued, or dismissed, the prothonotary must indicate the action taken
upon the margin of the index.184 This record shows court term and case
number, and place where action thereon is recorded in the Appearance
Docket.
JUSTICES OF THE PEACE
Justices of the Peace and Aldermen’s Docket, date from erection
of county.185
Record of the proceedings before justices of the peace and aldermen, show-
ing names of parties and witnesses, type of case, charges preferred and
claims made, bonds posted and amounts of each, amounts of judgments
rendered, fines and costs paid, and appeals to higher courts.
184 1923 P. L. 6 sec. 1.
185 Justices of the peace and aldermen are required to turn over all filled records to
the prothonotary at the end of their terms, yet they seldom actually do it. 1915 P. L.
669 sec. 1. For transcripts of judgments obtained before justices of the peace see the
Judgment Docket, supra.
208
COUNTY GOVERNMENT
Justices of the Peace and Aldermen’s Papers, 188 date from erection
of county.
These records contain all of the original papers hied in proceedings before
justices of the peace and aldermen such as original writs, summonses,
recognizances, bail bonds, warrants, receipts for collections, and orders,
showing names of parties ; purpose of instrument ; and dates issued, filed,
and served.
Certificates of Judgments Rendered by Justices of the Peace and
Aldermen Against Boroughs, Townships, and School Districts,187
1905—.
Used for the purpose indicated in the title and shows names of parties,
amount of judgment, when rendered, signature of justice of the peace or
alderman, and date when payment was made.
Record of Suits Before Justices of the Peace and Aldermen Against
Boroughs, Township, and School Districts,188 1 905 — .
This record is a summary of the proceedings in suits brought before this
minor judiciary against boroughs, townships, and school districts and shows
names of parties ; an abstract of different papers fried in proceedings, with
date of filing; amount of judgment; and date satisfied or appealed.
JURIES
List of Jurors, should date from erection of county.
A list of those jurors who have been summoned by order of the court as a
result of the fact that their names have been drawn from the jury wheel.189
It shows names of jurors, their addresses and occupations, and signature
of the judge.
Jury Book — -Common Pleas, should date from erection of county.
This book contains a record of those jurors who served on each case tried
in the court of common pleas, showing court term and case number, name
and number of juror, and caption of case on which he served.
ibt' For acceptance of office of aldermen and justices of the peace, see Bonds and
Oaths of County Officers, supra.
18‘ Although specifically required by act of 1905 P. L. 296 secs. 1, 2, this record is
seldom found.
188 7 bid.
180 1834 P. L. 333 sec. 124; 1874 P. L. 46 sec. 3. Sometimes these lists are divided
into two groups, one for traverse or petit juries and the other for grand juries.
PROTHONOTARY
209
Common Pleas Jurors — Time Book, dates vary in each county since
it is not required by statute but is kept merely for purposes of con-
venience.
This is an attendance record for jury service, showing names and ad-
dresses of jurors, number of days served, days defaulted, date excused, and
kind of jury on which service was rendered.190
Jurors’ Discharges, dates vary in each county because it is kept, if
at all, simply as a matter of convenience.
This record is usually kept in the form of file boxes which contain notices
of the prothonotary to persons discharging them from further service and
showing name and address of juror, date of his discharge, and signature
of prothonotary.
TAX AND MUNICIPAL LIENS
Locality Index, Tax and Municipal Liens, Boroughs, and Town-
ships, 1893 — .
The title Locality Index, Tax and Municipal Liens may be followed by
the name of a specific city or classes of cities but essentially all records of
this nature contain the same matters and are kept for the same purpose.
The designation of the specific municipality which follows the general title
of the record simply indicates the particular municipal subdivision for
which that record is being kept and is primarily a clerical division for
efficiency purposes. In this record the prothonotary enters claims for taxes,
water rents, lighting, power, and sewer rates, and other municipal claims 191
as well as special assessments against owners of property for the costs of
improving streets, alleys, or highways.192 All of these claims are also
entered in the judgment dockets. This record shows names of the municipal
authority making claims, and individual against whom claim is filed ; amount
due ; nature of claim ; a description of property with its address, civil di-
vision, and ward; court term and case number; and date of filing.
““’1834 P. L. 333 sec. 128.
11,1 1923 P. L. 207 secs. 9, 26; 1927 P. L. 729 sec. 2; 1927 P. L. 733 sec. 3; 1937
P. L. 2609 sec. 9. See also acts of 1927 P. L. 320 rep. 1939 P. L. 349 sec. 2 and 1939
P. L. 1100 secs. 1, 2.
182 1893 P. L. 453 sec. 3 rep. as to third-class cities 1931 P. L. 932 sec. 4701 but,
see act of 1939 P. L. 351 secs. 1, 2. In 1939 the prothonotary was required to file the
municipal claims of boroughs for special assessments in his office and in most counties
these should now be in a file drawer containing these claims, 1939 P. L. 641 sec. 3.
210
COUNTY GOVERNMENT
City Tax Liens, 1889 — . This record will not vary a great deal
in title.
Its purpose was to have a separate place of record for the numerous papers
filed in the payment of taxes. In 1835 the prothonotary was directed to
receive certificates of amounts due and unpaid by tax collectors and enter
them in the Judgment Docket.193 The great volume of this work made a
different plan necessary so that the act of 1889 provided that all unpaid
taxes in third-class cities were to be registered by the prothonotary in a
City Lien Docket.194 This act failed to relieve the great burden which
had been thrust upon the general judgment docket so that in 1899 provision
was made for all unsatisfied tax liens upon real estate to be entered upon
other dockets which were to be set out separately for each ward, borough,
and township and when so entered they were not to be entered in the
general judgment docket.105 This development affected the papers filed
in these matters so that the record now designated City Tax Liens consti-
tutes a residuum for the papers related to these dockets. These papers
show names of parties, location and description of property, court term
and case number, type and amount of lien, and signature of city solicitor.
City Lien Docket, 1889 — -.
This is the separate docket in which claims for unpaid taxes are entered.
When so entered these claims need not appear in the Judgment Docket.
The City Lien Docket indicates nature and amount of claim, a notation
of papers filed in the matter, court term and case number, amount due,
a description of property, name of owner against whom claim is filed, and
signature of city solicitor.
Federal Tax Liens, 1929 — .
An act of 1929 required that notices of liens for taxes payable to the
Federal Government, and certificates discharging such liens be filed by
the Collector of Internal Revenue with the prothonotary of the county
where the property subject to the lien is situated.196 By the third section
of the same act he was required to attach original certificates of discharge
in such cases to the notices.197 This record is, therefore, a group of such
notices and discharges of Federal liens showing serial number, name and
198 1835 P. L. 45 sec. 3.
194 1889 P. L. 277 sec. 11.
195 1899 P. L. 120 sec. 1.
108 1929 P. L. 1215 sec. 1.
197 Ibid., sec. 3.
PROTHONOTARY
211
address of taxpayer, amount of debt, dates of liens and satisfactions
thereof, signature of revenue collector, name of district, and date paper was
filed.
Federal Tax Lien Index, 1929 — .
The act of 1929 provided that both the notices and discharges of Federal
tax liens be entered in a Federal Tax Lien Index by the prothonotary of
the county where the property subject to the lien is situated.188 This index
shows name and address of taxpayer, serial number of notice, date and time
filed, amount of debt, and date it was discharged.
mechanics’ liens
Mechanics’ Liens Papers, in most counties begin about the middle
of the nineteenth century or shortly before that. In some counties
they will be found combined with tax and municipal liens even
though they represent a distinct phase of the jurisdiction of the
court of common pleas.
All papers filed by mechanics and laborers claiming a right to a preference
against a particular property, which right arose through the expenditure
for labor or materials by contractors, builders, or laborers. These records
contain copies of the contracts involved, and the claims which arose upon
failure to meet the terms of these contracts. When the right to file a claim
is complete, any owner or contractor may enter a rule in the office of the
prothonotary requiring claims to be filed within 15 days.199 Such claims
or statements of demand, together with the contracts upon which they are
based, must be filed with the prothonotary.200 The owner and contractor
may agree to have the contractor name his claim, but such agreement must
be filed with the prothonotary and indexed by him, if it is to be binding on
the subcontractor.201 Special provisions as to manner and time of pay-
ments in contracts for labor and materials are binding against the sub-
contractor only if he receives actual notice of them before he furnishes
labor or materials or if a written contract is filed with the prothonotary.202
These papers show court term and case number, date filed, nature and
198 Ibid., secs. 1, 3.
199 1901 P. L. 431 sec. 7.
200 1872 P. L. 47 sec. 1 ; 1883 P. L. 116 sec. 1 ; 1887 P. L. 337; 1891 P. L. 54 sec. 1 ;
1901 P. L. 431 sec. 11 ; 1905 P. L. 172 sec. 1.
201 1901 P. L. 431 sec. 15; 1903 P. L. 297 sec. 1.
202 1901 P. L. 431 secs. 16, 17. According to a now obsolete provision of 1836 P. L.
616 sec. 3 liens for labor and materials for shipbuilders are obtained by virtue of a
libel filed with the prothonotary.
212
COUNTY GOVERNMENT
amount of lien, names and addresses of parties, location and description of
the operation, and terms and conditions giving rise to claim.
Mechanics’ Lien Docket, 1901 — .203 In some counties it is com-
bined with the Municipal Lien Docket.
This is a brief record of all proceedings in the establishment of liens
against property arising out of building contracts. It shows court term
and case number, names of parties, action taken in matter, nature and
amount of lien, and date filed, togethei with location and description of
property.
workmen’s compensation
Workmen’s Compensation Papers, 1915 — .
With the passage of the Workmen’s Compensation Act of 1915 it became
the prothonotary’s duty to keep a great many records pertaining to these
matters. For example, when, after an accident, an employee or his de-
pendents enters into a compensation agreement with an employer or files
a claim with the Workmen’s Compensation Board, he may file a certified
copy thereof with the prothonotary who enters the amount stipulated in
the agreement or claimed in the petition as judgment against the em-
ployer. If the agreement is approved by the board, or compensation
awarded as claimed in the petition, the amount awarded constituted a lien
as of the date the agreement or petition was filed with the prothonotary.204
If the agreement is disapproved, or after hearing, compensation is disal-
lowed, the employee files such disapproval or disallowance with the pro-
thonotary. If the claim is modified the prothonotary marks the judgment
so that it coincides with the modification. Supplemental awards modifying,
suspending, reinstating, or terminating any award or agreement are filed
with the prothonotary.205 He also keeps in this record all certificates of
payments of compensation judgments obtained in the common pleas
court.200 These papers show names of parties, nature of instrument filed,
action sought or made, date filed, and signatures of judges, of compensation
board or of the court.207
203 1901 P. L. 431 sec. 10. In some counties separate dockets for mechanics’ liens
were kept as early as the middle of the nineteenth century.
204 1915 P. L. 736 sec. 428; 1919 P. L. 642 sec. 6.
205 Ibid.
208 1915 P. L. 736 sec. 429; 1919 P. L. 642 sec. 6.
201 In many counties these papers will be found in the files of the Appearance Docket
Papers.
PROTHONOTARY
213
Workmen's Compensation Docket, 1915 — .
This is a record of all proceedings in workmen’s compensation cases and
of the papers filed in the record entitled Workmen’s Compensation Papers.
On this record the prothonotary must enter, strike off, modify, or satisfy
the judgments resulting from the agreements and awards of the Workmen’s
Compensation Board, the court of common pleas, or the appellate courts.208
It shows court term and case number, names of parties, an abstract of
papers filed, and a brief dated summary of action taken in case.209
ARBITRATION 210
Rules for Appointment of Arbitrators, 1836 — .
Motions made before the court for the appointment of arbitrators, show-
ing court term and case number, date filed, date of appointment, names
of parties and arbitrator, date and place of proposed meeting, and signature
of plaintiff’s attorney.
Report of Referees, 1836 — ,211 Title varies: Reports of Arbi-
trators.
Reports of arbitrators and referees filed in arbitration proceedings, show-
ing names of parties and referee, facts in issue, findings of referee, his
recommendations, final disposition of matter, official seals and signatures,
and date filed.212
Arbitration Papers, 1836 — .
Rules for the appointment of arbitrators and the reports of arbitrators are
often included in this record together with the written consent of the
opposing party to an appeal from the award of an arbitrator ; 213 the written
agreements submitted to the prothonotary to submit a case to the decision
of a person admitted to practice law before the Supreme Court of Penn-
sylvania ; 214 depositions of aged and infirm witnesses ; 215 and the accept-
203 1915 P. L. 736 secs. 429, 430; 1919 P. L. 642 sec. 6.
209 In most counties workmen’s compensation proceedings in the court of common
pleas will be found recorded in the Appearance Docket and the judgments mentioned
herein entered in the Judgment Dockets.
"10 In many counties arbitration records will be found to date from the beginning
of the nineteenth century although legislative requirements for the keeping of these
records were not passed until 1836.
211 1836 P. L. 715 sec. 20.
'12 In most counties these will be found in the Appearance Docket Papers files.
2,3 1836 P. L. 715 sec. 33.
2,1 1874 P. L. 166 secs. 1, 2.
215 1836 P. L. 715 sec. 47.
214
COUNTY GOVERNMEN1
ances and oaths of the referees appointed averring impartiality.216 These
papers show date of appointment of arbitrator, his name and that of parties
to matter in issue, facts in issue, and findings thereon.
Arbitration Docket, 1836 — .217
This is a volume which summarizes proceedings in cases settled by arbitra-
tion, and shows court term and number of case, date when rule to choose
arbitrators was entered, names of parties and arbitrator, date and place
of meetings, nature of dispute, and disposition thereof.218
LUNATICS AND HABITUAL DRUNKARDS
Accounts of Committees, 1836 — .219
A collections of all papers relating to proceedings in the care of the estates
and persons who are mentally incapable or incapable by virtue of the fact
that they are habitual drunkards. The committee appointed to care for the
estate of a lunatic or habitual drunkard must file with the prothonotary an
inventory of the estate within 40 days and render an account of the man-
agement of the estate triennially thereafter. Upon termination of the trust
ihe committee must file a final account of the management of the property
with the prothonotary.220 When a committee of the person is appointed
separately from the committee of the estate, such committee must file with
ihe prothonotary an account of its transactions as such.221 These inven-
tories and accounts show court term and case number ; date filed ; names
of parties ; and itemized lists of assets, liabilities, receipts, and disburse-
ments ; and lists of depositories and amounts deposited.
Lunatics, Drunkards, Index, 1836 — .
An index to the proceedings concerning lunatics and habitual drunkards
which are recorded in the Appearance Docket, showing names of parties,
court term and case number, and volume and page where recorded.
fiduciaries’ accounts
Accounts Dockets, 1850 — ,222
The prothonotary must record in a book kept for that purpose all accounts
1874 P. L. 166 secs. 1, 2.
"7 1836 P. L. 715 sec. 23.
M In many counties the record of arbitration proceedings will be found in the general
Appearance Docket.
*'“1836 P. L. 589 secs. 19, 40, 41 ; 1874 P. L. 122 sec. 1. In some counties these are
found in the Appearance Docket Papers.
00 Ibid.
C1 1836 P. L. 589 sec. 42.
“ 1850 P. L. 569 sec. 19.
PROTHONOTARY
215
of assignees, trustees, sequestrators, and committees, and all reports of dis-
tributions or appropriations made by the sheriff. This record shows dates
accounts were filed ; names of parties and fiduciaries ; value of estate ; re-
ceipts, expenditures, and balance ; and date of approval by court.
Auditor’s Report Docket, 1850 — .223
This is a record of reports of auditors on the accounts noted in the previous
record, showing names of parties, court term and number assigned to
matter, claims allowed, estates involved in bankruptcy proceedings, names
of the banks which have been closed, financial statements, name of auditor,
amount of his fee, and date of confirmation of report by the court.
Auditor’s Report Docket Index, 1850 — .
Alphabetical guide to the Auditor’s Report Docket showing the name of
the estate, bank, or bankrupt, and volume and page where recorded.
EJECTMENT
Partition Docket, 1849 — .
Since 1849 224 the prothonotary has been required to enter into a Partition
Docket all proceedings in partition and to record sheriff’s inquisitions and
all orders of the court in relation to partitions and common recoveries.
This docket meets these requirements and shows names of parties, court
term and case number, location and description of property involved, dates
papers were filed, distribution made, and decree of the court.225
Partition Docket Index, 1840 — .
Alphabetical guide to Partition Docket, showing names of parties, and
volume and page reference.
PARTITION
Ejectment Docket, 1856 — .226
Brief record of actions brought to recover real estate or compel a con-
223 1850 P. L. 569 sec. 19.
324 1849 P. L. 524 sec. 8; 1850 P. L. 569 sec. 27.
225 The papers relating to partition will generally be found in Appearance Docket
Papers files.
226 1856 P. L. 532 sec. 2. In most counties ejectment proceedings will be found to be
recorded in the Appearance Dockets. In some of these counties having an Ejectment
Docket it will be found to be little more than an index to ejectment proceedings
recorded in the Appearance Dockets. Until ejectment proceedings are so recorded or
indexed, no purchaser or mortgagee shall be considered as having notice of the
pendency of such action.
216
COUNTY GOVERNMENT
veyance of land by ejectment, and shows names of parties, court term and
case number, location of property, an abstract of papers filed, and disposi-
tion of case.
Ejectment Docket Index, 1856 — -."7
This is a guide to the Ejectment Docket which shows names of the parties,
location of property, title which is in dispute, and volume and page where
recorded.
INSOLVENTS
Insolvents,228 Insolvency, date from erection of county. Title varies :
Assigned Estates, Petitions and Schedules of Insolvents.
Original papers filed by individuals who are insolvent and wish to avail
themselves of insolvency proceedings and of those individuals who have
made assignments for the benefit of creditors such as bonds of trustees
of insolvent debtors and assignees for the benefit of creditors, inventories
of estates assigned for the benefit of creditors, proofs of claim,229 sched-
ules of distribution,230 and the accounts of the assignees and trustees 231
showing court term and case number, names of parties, nature or char-
acter of debt, amounts due, type of instrument filed, names of appraisers,
a schedule of assets and liabilities of insolvent individual, and official seals
and signatures.
Insolvent Docket, may date from the time of the county’s erection.
Title varies: Assigned Estate Docket.
Record of each step taken in insolvency proceedings, showing names of
parties, court term and number of case, pleadings filed, an abstract of each
one, date each action was taken, amount involved, amount of bond filed,
names of sureties and appraisers, decree of the court, and final disposition
of matter.
227 1856 P. L. 532 sec. 2.
125 In a few counties distinguishable and separate records may be kept for insolvents
and assignments for the benefit of creditors.
229 1836 P. L. 628 sec. 6; 1883 P. L. 73 sec. 1 rep. 1901 P. L. 404 sec. 42 which was
suspended by the Federal Bankruptcy Act passed 1898, 30 U. S. Stat. 544, ch. 541 ; see:
Lavery v. Beatty, 28 Dist. 612 (1919) ; also: Hoover v. Ober, 42 Super. 308 (1909).
In the days when arrest for debt was permissible the prothonotary had the power to
discharge insolvent debtors. See 1820 P. L. 155; 1833 P. L. 107 sec. 1.
230 1836 P. L. 729 secs. 15, 26.
3,11 Ibid., sec. 30.
PROTHONOTARY
DIVORCE
Divorce Papers, 1927 — .232
These are usually file boxes containing the sheriff’s praecipes, subpoenas,
libels, affidavits of service, the reports of masters appointed to hear testi-
mony in divorce proceedings, and affidavits by appellants that appeals are
not taken for purposes of delay, showing court term and case number;
names and addresses of libellant, respondent, and witnesses ; how service
was made; name and address of master; testimony received; decision
reached ; and whether appealed.233
Divorce Argument Docket, 1927 — .
This is a brief summary of divorce proceedings, showing names of parties
and their attorneys, court term and number of case, name of master and
date when he was appointed, date master’s report was filed, costs, and dis-
position of case.234
Divorce Index, 1927 — .
Index to divorce proceedings, showing names of parties and place of re-
cording.
EQUITY
Equity Papers, should date from erection of county.235
Combination of all original papers filed in the cause of equity proceedings
and shows court term and case number, names of parties, date and char-
acter of instrument, date filed, and official seals and signatures.
Equity Docket, should date from erection of county.238
Record of equity proceedings in the court of common pleas showing court
term and case number, names of parties, equitable remedy sought, an ab-
stract of all papers and pleading filed in case, dates papers were filed, and
disposition of case.
“ 1927 P. L. 884 sec. 1 ; 1929 P. L. 1237 secs. 25, 26, 29, 38, 60. In suits by
divorced tenants by the entireties for the sale of property and the division of the
proceeds where the property is situated in more than one county, a certified copy of
the divorce proceedings must be filed in the office of the prothonotary of each county.
233 In most counties divorce papers will be filed with the Appearance Docket Papers.
234 In most counties divorce proceedings will be found recorded in Appearance
Docket.
235 The earlier parts of it will in most cases be found mingled with the earlier papers
in the files of the Appearance Docket Papers.
230 Except where recorded in the Appearance Docket in the earlier years of the
county’s history.
COUNTY GOVERNMENT
218
Equity Docket Index, dates will coincide with those of the Equity
Docket to which this is a guide.
Shows names of parties to the suit and gives the volume and page reference
where recorded.
NATURALIZATION
Declarations of Intention, Affidavits, 1790 — ,237
Original affidavits and declarations of intention of aliens to become citi-
zens, showing date of declaration, name and address of alien, his place of
birth, date and port of his entry into United States, name of vessel on
which he sailed, his marital status, a description of his person, his renuncia-
tion of foreign allegiance, and his signature.
Naturalization Petition Record, 1790 — .
This is usually a series of file boxes containing petitions of aliens for admis-
sion to citizenship accompanied by certificates of arrival and copies of
declarations of intention, showing the following facts: date of petition;
name, address, sex, race, occupation, marital status, place of birth, and
date and place of immigration of alien ; names and dates and places of birth
of spouse and children : last foreign address ; name of ruler of former
home ; affidavit of witnesses as to character and length of residence in
United States ; name used at time of immigration ; change of name ; oath of
allegiance ; number of certificate of admission ; official seals and signatures ;
and date petition was filed.
Naturalization Certificates Granted, 1790 — .
This record may be in the form of a series of cards or may be stubs of the
original certificates issued, showing date of certificate ; name, address, age,
physical description, and marital status of alien ; and names of court and
person issuing certificate.
Naturalization Docket, 1790 — . Title varies: Alien Docket.
Brief record of persons admitted to citizenship and of those whose peti-
tions for citizenship have been denied, showing name, native country, pres-
ent address, age, and residence of person concerned; signature of judge
making decision ; action taken by the court ; whether appealed or not ; and
dates when each step in naturalization proceeding occurred. This record
often serves as an index to place of recording of each instrument in pro-
ceeding.
237 1790, 1 U. S. Stat. 103 ch. 3; 1906 34 U. S. Stat. 596 ch. 3592 sec. 3; 1911, 36
U. S. Stat. 1167 ch. 231 sec. 289; 1913, 37 U. S. Stat. 737 ch. 141 sec. 3.
PROTHONOTARY
219
Index to Naturalization Records, 1790 — .
This record, whether it covers all types of papers or just designated ones,
is a guide to the place of record of each paper filed in naturalization pro-
ceedings, showing name of alien and place of recording of each item.238
APPROPRIATIONS
State Appropriation Papers, 1911 — ,230
This is a residuum of all papers relating to appropriations by the State to
county institutions including such things as certificates of acceptance by
the State Treasurer of appropriations made by the State to the county and
transmitted by the Auditor General to the prothonotary ; and certificates
of satisfaction mailed by the State Treasurer to the prothonotary when the
obligation has been fulfilled. These papers show amount of appropriation,
names and kinds of institutions affected, description and location of prop-
erty involved, acceptance of grant which constitutes a lien until repaid, and
dates of appropriations and filing of papers.
State Appropriation Docket, 1911— ,240
Brief record summarizing matters pertaining to the application of State
appropriations to projects operated within the county showing name and
type of institution benefited by appropriation, dates different papers were
filed in the course of application of appropriation, dates and amounts of ap-
propriation and its repayment, and whether lien credited by acceptance
of appropriation has been satisfied.
State Appropriation Docket Index, 1911 — .
A guide to the institutions in the county who have availed themselves of
the benefits of State appropriations as recorded in the State Appropriation
Docket, showing name of institution and volume and page where recorded.
EXECUTIONS
Execution Papers, should date from erection of county.
Ibis record includes all papers filed in execution proceedings such as
praecipes,241 writs of fieri facias, levare facias, liberare facias, and scire
2as In some counties there are separate indexes for each record or combined indexes
for several records together.
239 1911 P. L. 736 secs. 4, 5, 7.
240 Ibid.
"In some counties the execution praecipes are kept separately.
220
COUNTY GOVERNMENT
facias,242 writs of sequestration issuing out of the orphans’ court,243 peti-
tions, orders, rules, and stipulations, showing court term and case number,
names of parties and their attorneys, amount of judgment for which execu-
tion is taking place, costs and interest, location and description of property
against which execution is issued, type of instrument, and the action taken
in pursuance to its issuance.
Fraudulent Debtor’s Attachment.
Record of original papers filed in suits commenced by attachment against
fraudulent debtors and contains bonds filed before attachment could be
issued,244 the oaths or affirmations of trustees appointed for the estate of
the defendant,245 and the reports of these trustees which contain the propor-
tionate amounts payable to each creditor.240 These papers show names of
parties, court term and number of case, dates papers were filed, and amount
of debts claimed.
Testatum Fieri Facias. 1836 — -.24T
The prothonotary receives from the sheriff and files in this record all
testatum writs of fieri facias issued in foreign execution proceedings.
These writs show names of parties, their attorneys, and sheriff ; name of
county in which the execution proceedings are being conducted ; court
term and number of case ; dates of issue, stay, and return ; amount of debt ;
the interest due ; fees and costs charged ; and whether satisfied.
Execution Dockets, 1834 — ,248
Brief record of all steps taken in execution proceedings, showing names
of parties and their attorneys; court term and number of case; amount of
debt or judgment for which execution is being issued; dates and types of
writs issued ; dates of stays and returns of writs ; amounts of interest, fees,
and costs ; whether satisfied ; and signature of sheriff.
242 In a few counties these different types of writs will be found separated from the
other execution papers.
2,3 1917 P. L. 363 sec. 18(b-5).
214 1869 P. L. 8 sec. 1 ; 1887 P. L. 197 sec. 1 ; 1878 P. L. 147 No. 185 sec. 1.
245 1836 P. L. 606 sec. 13.
™ Ibid., sec. 31.
247 1836 P. L. 755 sec. 78. In some counties these writs are filed with the rest of
the Execution Papers.
244 1834 P. L. 537 sec. 78; 1836 P. L. 755 sec. 79. The prothonotary notes on this
docket the place of record of sheriff’s and coroner’s deeds which are certified to him
by the recorder of deeds as provided 1905 P. L. 265 sec. 5.
PROTHONOTARY
221
Index to Execution Dockets, 1834 — .
Guide to the cases recorded in the Execution Dockets, showing names of
parties, court term and case number, and volume and page of recording.
Treasurer's Deed Books, should date from erection of county.
These books contain recorded copies of treasurer’s deeds to property bought
at delinquent tax sales, showing date and number of deed; court term and
case number; names of treasurer, former owner, and purchaser; amount of
tax delinquency ; date of sale ; location and description of property ; date
of acknowledgment of deed; date of redemption of property by former
owner if such contingency exists ; and signature of treasurer.249
Treasurer’s Deeds, Index, should date from erection of county.
Index to the Treasurer’s Deed Books, showing names of purchaser and
former owner, address of property, and volume and page where recorded.250
Sheriff’s Deed Book,251 should date from erection of county.
Contains recorded copies of sheriff’s deeds, showing court term and case
number; names of parties, sheriff, and attorneys; location and description
of property sold ; nature of writ in pursuance to which the sale was made ;
amount of debt for which the property is being sold ; and report of sheriff
on sale.
Index to Sheriff’s Deeds, Grantor, should date from erection of
county.252
Guide to deeds recorded in Sheriff’s Deed Book, showing names of parties
and volume and page where recorded.
2“ It is interesting to compare this record with those usually found in the commis-
sioners’ office where there are records of treasurer’s sales of property to the com-
missioners. In the treasurer’s office will be found a record of the property sold for
delinquent taxes. Persons redeeming land sold for taxes give the treasurer’s receipt
for the redemption money to the prothonotary, who must enter the receipt in a book
kept for that purpose and mark on the margin of the entry of the deed of such tract
of land the word “Redeemed,” noting the page of the book where the receipt is entered,
1840 P. L. 349 sec. 7.
250 In some counties there will be one index for the purchasers and another for the
former owners.
251 It will be found that treasurer’s and sheriff’s deeds are recorded together in
most counties.
252 In Erie County the owners’ index was considered adsectum and the purchasers’
direct.
222
COUNTY GOVERNMENT
Index to Sheriff’s Deeds, Grantee, will coincide in date with that
of the Sheriff’s Deed Book.
Guide to place of record of sheriff’s deeds in Sheriff’s Deed Book, showing
names of parties, and volume and page where recorded.
Auditors’ Reports, Sheriff’s Sales, should date from erection of
county.
This is a volume in which is recorded the reports made by auditors in the
course of sales in execution proceedings, showing date of report, court
term and number of case, names of parties, an itemized list of receipts and
expenditures, and certification made by auditor with his signature.
Surplus Bonds, 1804 — .253
Original bonds filed by purchasers of real estate sold for taxes to assure
the payment of any balance still remaining due. These papers show date
of bond, names of parties, court term and case number, a description of
property, amount of sale, amount of surplus and signatures of purchaser
and surety.
Surplus Bond Docket, 1804 — .254
Record of the bonds filed by purchasers of real estate sold for taxes to
assure the payment of any balance still remaining due and it is a brief
summary of the contents of the bond, showing name of obligor in alpha-
betical arrangement, court term and case number, amount of bond, date
bond was filed and recorded, and action taken in matter.
CONDITIONAL SALES
Conditional Sales, Papers, 1925 — .255
These are usually file boxes of original conditional sales contracts, showing
names and signatures of vendor and vendee, terms of sales contract, a
description of article sold, proposed price, and file number of contract.
Conditional Sales, Docket, 1925 — .258
Brief record of conditional sales contracts arranged to afford ready refer-
ence for possible bona fide purchasers, showing names and addresses of
"“ 1804 P. L. 517, 4 Sm.L. 201 sec. 2; 1895 P. L. 47 sec. 1.
264 Ibid.
255 Although not specifically required by statute until 1925 some counties have earlier
records of conditional sales. See acts of 1925 P. L. 603 No. 325 secs. 6, 7, 10; 1927
P. L. 979 sec. 2; 1935 P. L. 658 sec. 1 ; 1939 P. L. 43 sec. 1.
250 Ibid.
PROTHONOTARY
223
parties, file number of contract, amount and terms of sale, a description of
articles sold, and date of fulfillment or cancellation of contract.
Conditional Sales Index, 1925 — .
Guide to the contracts recorded in the Conditional Sales Docket, showing
names of parties and volume and page where their contract is recorded
on the docket. In some counties there is one index for vendors and another
for vendees.
FICTITIOUS NAMES
Fictitious Names in Business, 1917 — .257
This is a record, kept in file boxes, of original certificates filed by appli-
cants for the registration of a fictitious name under which they wish to
conduct their business, showing date, certificate number, names and ad-
dresses of individuals or firms applying for fictitious name, proposed name
which they wish to assume, location and character of business, and signa-
tures of parties and prothonotary.
Fictitious Names Docket, 1917 — .25S
Record of the certificates granted to firms or individuals conducting busi-
ness under fictitious names, showing real name of parties, their assumed
name as a business entity, location and character of business, date certificate
was filed, date of dissolution of business if it has been dissolved, and signa-
ture of prothonotary.
Index to Fictitious Names, 1917—.
Index to the Fictitious Names Docket showing assumed name and a refer-
ence to volume and page where recorded in Fictitious Names Docket.
ELECTIONS
Election Papers, 1839-1937.
These papers were pertinent to the election duties of the prothonotary for
many years and consisted of petitions for the appointment of election over-
seers ; petitions for the opening of ballot boxes ; 2:'9 nomination papers of
251 1917 P. L. 645 sec. 1 ; 1921 P. L. 465 sec. 1.
258 1917 P. L. 645 sec. 1; 1921 P. I,. 465 sec. 1. Upon dissolution of the business,
any of the members, or upon withdrawal from the business those members with-
drawing, may request the prothonotary, by a statement under oath (which would be
filed in the foregoing records), to cancel the certificate, or note the withdrawal on the
margin under the act of 1919 P. L. 542 secs. 1, 2.
"•1927 P. L. 360 sec. 2 rep. 1937 P. L. 1333 sec. 1901.
224
COUNTY GOVERNMENT
general elections ; 200 lists of voters, tally lists, and affidavits of the right
to vote; 261 duplicate returns of all votes given for judges of the Supreme
Court ; 282 and election returns.263 These papers show names of candidates,
dates and kinds of elections held, results thereof, and date and kind of
paper filed.
Election Returns, 1839-1937.
This is a record kept in a separate book of the returns of all elections,
showing date and kind of election, whether primary or general, names of
candidates or a statement of issues being voted upon, number of votes cast
on each matter, and signature of judge of election.
LICENSES AND REGISTRATION
Register of Law Students.
Record of all law students in the county who have indicated their intention
to study law, showing date of filing of expressions of intention, name of
student, his address, name and address of attorney in whose office he in-
tends to serve his clerkship, name of school he will attend, names and ad-
dresses of his sponsors, and findings of county board of law examiners as
to his qualifications.
Admission Register of Attorneys, should date from erection of
county.284
This is a record of attorneys admitted to practice before the bar of the
county, showing name of attorney, date motion for admission was made,
by whom motion was made, and date admitted.
Admission of Attorneys.265
Original papers filed by attorneys in the course of their admission to the
bar and consist of the petition to be permitted to be registered as a law
student, the affidavits of sponsors as to the character and qualifications of
200 1893 P. L. 419 sec. 3; 1897 P. L. 223 sec. 1 ; 1919 P. L. 855 sec. 1 rep. 1937 P. L.
1333 sec. 1901.
261 1874 P. L. 31 sec. 10; 1899 P. L. 254 sec. 1 rep. 1937 P. L. 1333 sec. 1901.
2,;2 1874 P. L. 54 sec. 5 rep. 1937 P. L. 1333 sec. 1901.
203 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901 ; 1839 P. L. 519 sec. 3; 1850
P. L. 654 sec. 2; 1874 P. L. 31 sec. 13; 1899 P. L. 127 sec. 1 ; 1909 P. L. 425 sec. 1 ;
1919 P. L. 458 sec. 2; 1923 P. L. 267 sec. 1 ; 1925 P. L. 103 sec. 1 rep. 1937 P. L. 1333
sec. 1901.
iu In some counties the dates of death or disbarment are included in this record.
265 These papers are often kept in the Appearance Docket Papers files.
PROTHONOTARY
225
the student, the certificates of the board of examiners indicating that he
has the necessary qualifications and has met the scholastic requirements,
and the original certificate of registration issued by the State Board of Law
Examiners. These papers show name of attorney admitted or denied ad-
mission, names of his sponsor and preceptor, contents and purpose of each
instrument filed, and signatures of board of law examiners and the court.
Certificates of Admission to the Supreme Court, 1909. — 206
This record contains exemplifications of certificates of approval by the
county board of law examiners as well as of the certificates of admission
to the Supreme Court which have resulted from this approval. These cer-
tificates show name of attorney, date of his admission and certification,
date it was filed, and seal and signature of prothonotary of the Supreme
Court.
Dental Register, 1921 — .267
Record of dentists qualified to practice their profession within the county
showing name of dentist, his educational background and qualifications,
date and place of his birth, number and date of license granted to him by
the State, and signatures of dentist and prothonotary.
Medical Register, 1881 — .
Record of physicians practicing within the county and showing name and
address of doctor, date and place of birth, schools attended, degrees at-
tained, and signatures of practitioner and prothonotary.
Optometry Certificates, 1917 — .28S
Original certificates which the legislature has required optometrists to file
with the prothonotary and which show name and address of optometrist,
date and place of his birth, his education and qualifications, and date of and
authority granting the certificate.
Optometry Register, 1917 — ,269
Record of the certificates filed in the foregoing record, showing name and
address of optometrist, date his certificate was granted and filed, and
volume and page of recording in State Optometry Register.
1909 P. L. 475 sec. 1 ; 1919 P. L. 73 sec. 1 ; 1921 P. L. 151 sec. 1 ; 1923 P. L.
1069 sec. 1.
287 1921 P. L. 399.
283 1917 P. L. 21 sec. 6; 1925 P. L. 659 sec. 2; 1937 P. L. 795 sec. 6.
2W 1917 P. L. 21 sec. 6; 1925 P. L. 659 sec. 2; 1937 P. L. 795 sec. 6.
226
COUNTY GOVERNMENT
Osteopathic Register, 1909 — .27°
Record of all osteopaths qualified to practice in the county who have ex-
hibited their certificates to the prothonotary. This register shows name
and address of osteopath, educational background and qualifications, date
license was granted, and place where the license is registered with Board
of Osteopathic Examiners.
Register of Midwives, 1913-1929. 271
Certificates from the Bureau of Medical Education and Licensure granted
to midwives are recorded in this register which shows name and address
of midwife, date and number of certificate, and signatures of midwife and
prothonotary.
Veterinary Surgeon Register, 1889 — ,272
Record of those individuals who are qualified to practice veterinary medi-
cine showing name of veterinarian, his address, his educational background
and qualifications, date and place of birth, date of his certificate granting
him the right to practice, and signatures of prothonotary and veterinarian.
Automobile and Motor Register, 1903-05. 273
An act of 1903 required that owners of automobiles register with the pro-
thonotary the name and residence of owner or owners, name of manu-
facturer and manufacturer’s number of motor vehicle. The record con-
tains this information in addition to showing date of issuance of a certifi-
cate of registration which the prothonotary was then required to issue
to owner.
Stallion Register, 1907 — .274
List of all jacks or stallions listed for breeding purposes for which their
owners have procured licenses from the State Department of Agriculture,
270 1909 P. L. 46 sec. 9; 1911 P. L. 241 sec. 1; 1915 P. L. 687 sec. 1.
271 1913 P. L. 441 sec. 1 rep. 1929 P. L. 160 sec. 7. This legislation requires that the
certificates themselves be filed with the prothonotary. It is the general practice of
the counties to include these certificates in the files with the Appearance Docket
Papers and to keep a separate register of these certificates.
272 Although this registration was taken over by the State Board of Veterinary
Medical Examiners in the early part of the twentieth century some counties still keep
this record.
273 1903 P. L. 268 sec. 1 rep. 1905 P. L. 217 sec. 14. The act of 1905 gave over
the registry and licensing of motor vehicles to the State Highway Department.
m 1907 P. L. 14 sec. 1 sup. 1911 P. L. 631 sec. 1 ; 1921 P. L. 200 sec. 1. In some
counties this record is combined with the Automobile Register.
PROTHONOTARY
227
and it shows name and address of owner, name of animal, and its license
number.
Soldiers’ Licenses, 1867 — .275
Original petitions of veterans for peddlers’ licenses which show name of
veteran, dates of service and discharge, his military status and post, division
of service, and signatures of petitioner and prothonotary.
RECEIPTS FOR PAPERS
Receipts for Pamphlet Laws, 1893 — ,276
The prothonotary is required to keep advance copies of the laws enacted
at each session of the General Assembly for public inspection and when
these copies are borrowed he takes a receipt for their return. This record
may be in the form of individual canceled receipts, in the form of receipt
stubs, or in the form of a book, but it shows, in any case, volume borrowed,
name and address of borrower, and date when book was returned.
Receipt Books, dates vary greatly depending on the necessity for
this record as felt by the prothonotary.
A record of those papers removed from the prothonotary’s files and cus-
tody, by attorneys for temporary use, and it shows names of parties, court
term and case number, date taken, signature of borrower, and date re-
turned.
MISCELLANEOUS
Lien Docket of Unpatented Lands, 1864 — .277
Record of tracts of patented and unpatented lands upon which there is
money due the Commonwealth and surveys have been returned which have
been forwarded by the Surveyor General to the prothonotary. This record
shows number and date of original grant ; name of warrantee ; quantities
applied for and retained and unpatented ; amount of purchase money due ;
amount of interest ; amount paid ; total due ; to whom notices of de-
linquency have been served ; location and description of tract of land in-
volved ; names of owners, agents, or occupants ; and date lien was dis-
charged or canceled.
271 1867 P. L. 50 sec. 1 ; 1891 P. L. 250 sec. 1 ; 1921 P. L. 895 sec. 1 ; 1935 P. L. 126
sec. 1; 1937 P. L. 1191 No. 305 sec. 1.
276 1893 P. L. 102 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 230.
277 Const., art. IV, sec. 19; 1864 P. L. 914 sec. 1 ; 1868 P. L. 60 sec. 1 ; 1872 P. L. 51
sec. 3; 1874 P. L. 135 sec. 4; 1911 P. L. 106 sec. 2.
228
COUNTY GOVERNMENT
Reports of County Law Library Committee, 1901. — 278
File record of annual reports made by the county law library committee
to the court of common pleas and approved by the court. It shows recom-
mendations made for the coming year together with an account of the
activity and expenditures of the county law library in the past year. It is
signed by the committee.
Papers of Non-Profit Corporations, 1917 — .279
Papers kept by the prothonotary to aid him in making reports as to these
associations to the Department of State and contain notices of changes
in the location of nonprofit corporations; 280 articles and certificates of in-
corporation,281 amendment,282 merger and consolidations.283 They show
name of nonprofit corporation, its address, its purposes, names of its in-
corporators and officers, date of its incorporation, merger, or consolidation,
and dates when its bylaws were amended.
Partnership Registration Papers, 1851 — ,284
This is a record of partnerships conducting business in Pennsylvania and
shows name of partnership, names and addresses of its members, and any
changes made as to membership or address.
Bolter and Baker Brand Marks, 1865 — .285
Persons engaged in the manufacture of products to be sold in containers
on which their names or other private marks are branded or stamped may
file with the prothonotary of the county in which these products are manu-
278 1901 P. L. 165 sec. 3. This will not be found in all counties in spite of the legis-
lative requirement as such a library has not been established in all counties. These
as well as the rest of the records listed in this section may be found in the Appearance
Docket Papers.
270 Prior to 1933 the duties of the prothonotary included the keeping of records per-
taining to business corporations and other corporate associations. The act of 1933
P. L. 289 rep. all of these duties, but it is possible that in some counties the records
formerly required by the prothonotary under the act of 1856 P. L. 293 as am. 1925
P. L. 403 sec. 1 may still be found.
280 1917 P. L. 804 sec. 1. This notice must also be filed with the recorder of deeds.
281 1933 P. L. 289 sec. 205.
282 Ibid., sec. 705.
283 Ibid., sec. 805.
284 1851 P. L. 612 sec. 13. In most counties these papers are filed in the Appearance
Docket Papers.
285 1865 P. L. 58 sec. 1 ; 1903 P. L. 75 sec. 1.
PROTHONOTARY
229
factured or used, a description of these names or marks. This record
shows dates the marks were registered, a copy of the mark, and name of
the owner or owners of the business.
accounts 286
Cost Docket, 1913 — .2S7
This record contains a general account of all business conducted by the
prothonotary. It shows source of revenue and reason for expenditures
with amounts of each in a general summary manner.
Receipt Books, may date from the time of erection of county.
Consist of either duplicate copies or stubs of receipts for fees received
for services rendered by the prothonotary and show date and number of
receipt, name of payer, amount paid, service rendered, amounts due State
and/or county, and signature of prothonotary.
Monthly Reports to County Controller, 1895 — .2S8
Copies of reports made monthly to the controller, showing date of report,
a list of all fees received and amounts spent or still due to others, and
caption of case in which fees were received, its court term and number,
and totals.
Fee Book, 1868— ,289
The prothonotary here keeps a record of all fees received for services per-
formed by him or anyone employed in his office. This is usually kept daily
and shows date, names of parties, court term and case number, nature of
suit, amounts due county and State, amounts disbursed, and periodic re-
capitulations of all amounts.
288 The entries in these records are made chronologically as payments are made.
2S7 1913 P. L. 188 sec. 1. This docket together with the costs collected by him and
not paid out to the parties entitled to them are turned over to his successor.
283 These reports will be found only in those counties having a controller and al-
though usually made at the end of each month there is no specific requirement for a
report each month. The dates of this record vary greatly from one county to another.
289 The dates of this record also vary greatly from county to county. See acts of
1868 P. L. 3 sec. 8; 1874 P. L. 125 sec. 1 ; 1901 P. L. 175 sec. 1 ; 1909 P. L. 77 sec. 1 ;
1921 P. L. 69 sec. 1. By the act of 1810, 5 Sm.L. 105 these accounts had to be for-
warded to the Auditor General. This act was rep. as to counties with a population of
150,000 or over 1876 P. L. 13 sec. 1 and as to counties of less than 150,000 population
1874 P. L. 125 sec. 1.
230
COUNTY GOVERNMENT
Attorney's Accounts, 1890 — .29°
Brief record of moneys due the prothonotary from lawyers who have
established credit with the prothonotary for the payment of his fees, and
it shows name of attorney ; date service was rendered ; names of parties
with court term and case number ; amount due ; and date paid.
Extension Docket, 1850 — .
Record of cases in which the payment of judgments has been extended
and shows court term and case number; names of judgment debtor,
creditor, assignee, or assignor ; dates of extensions ; and amount and date
of judgment, interest, costs, and payments.
Trial List Deposit Ledger.291
Account book of money paid into court, showing names of persons making
payment and parties involved, date and amount of payment, and its disposi-
tion by court order.
Record of Money Paid into Court in Actions of Replevin and At-
tachments, 1909 — .292
Parties to actions in replevin and foreign and domestic attachment may
deposit money instead of bonds with the prothonotary and this is an ac-
count of money so deposited. It shows nature of action, names of parties,
court term and case number, amount of money receipted for and paid out,
commissions retained, and names of parties from whom received and to
whom paid.
!W These records will not be found in every county because not all counties extend
credit for the payment of fees in their clerical offices. Also these records will be
found to vary greatly in date depending on the individual prothonotary’s credit policies.
261 This record is usually required by rule of court and this makes for a great deal
of difference in the mode and manner of its keeping in each county. An act of 1873
P. L. 331 sec. 4 provided that in cases where judgment has been entered and obtained
and the proceedings to open or annul the same are pending but not disposed of, the de-
fendant may pay into court the amount of the judgment.
292 1905 P. L. 115 sec. 2.
VII
Clerk of the Court of Quarter Sessions
and Oyer and Terminer
Evolution and Structural Organisation. The clerk of the court of quarter
sessions and oyer and terminer, commonly known as the clerk of courts,
has existed in Pennsylvania from the time of the first organization of an
English government on the banks of the Delaware. There are a number of
references to the “Clerk of the Court of Sessions’’ in the Duke of York’s
Book of Laws. This officer performed duties similar to those of later
clerks of courts, such as recording bond servants,1 entering actions for
trial, entering depositions, petitions, and orders of the court,2 granting
tavern licenses,3 ordering the sheriff to summon jurors, and certifying the
number of days served by jurors;4 and in addition he was obliged to
record judgments, executions, and attachments,5 duties now assigned to the
prothonotary, and to record deeds 6 and the surveys of town plots,7 duties
now performed by the recorder of deeds. His power to enter wills or
administrations 8 soon was given to the register of wills.
With the advent of William Penn the clerk’s duties began to be more
nearly like those of his successor. He still, however, recorded “bargains
and sales of houses and lands.” Despite the many references to this officer,
there are no indications of the manner in which he was chosen nor of the
length of his term of office before 1701. The Charter of Privileges fdr
1701 provided that the justices of each county were to nominate three
persons from whom the Governor selected a “clerk of the peace.” 9 The
Constitution of 1790 vested his appointment in the Governor alone.10
1 Duke of York’s Book of Laws, 1676, in Charter to William Penn, p. 12.
3 Ibid., p. 26.
3 Ibid., pp. 26, 30.
4 Ibid., pp. 69, 70.
6 Ibid., p. 26.
'‘Ibid., p. 13.
7 Laws of the Assembly, 1683, in Charter to William Penn, p. 149.
8 Ibid.
8 Charter of Privileges, 1701, art. Ill, in Federal and State Constitutions, V, 3076-
3081 ; 1710, II St. at L. 301 sec. 26.
10 Const, of 1790, art. II, sec. 8.
231
232
COUNTY GOVERNMENT
Since 1838 the clerk of courts has been an elective officer, first with a
3-year term, but since 1909 with a tenure of 4 years.11
In the colonial period the prothonotary generally acted as clerk of all
the courts and sometimes he was appointed deputy register and recorder
of deeds as well. But when the duties of the five recording officers were
divided between two or more men, the clerk of courts was more likely to
be combined with the prothonotary and clerk of orphans’ court than with
the register or recorder. The Constitution of 1838 stipulated that the
legislature prescribe the division of these offices among the officials in each
county.12 This was done by a law of the following year in which the ar-
rangement of the clerical officers in the individual counties was set forth.13
These provisions are still in effect in counties not affected by more recent
legislation.11 In the General County Law of 1929 there is a suggested
arrangement of officers, which may be adopted in any county by action of
the court of common pleas. According to this law the clerk of courts is a
separate officer in third and fourth-class counties. In fifth, sixth, and
seventh-class counties the prothonotary may also serve as clerk of courts
and in eighth-class counties the five clerical offices may be held by one
man.15
Like all county officers the clerk of courts must be an American citizen
and a resident of the county for at least a year before assuming office.18
During his continuance in office he is ineligible to hold the office of county
treasurer 17 or justice of the peace 13 and he may not practice as an at-
torney in the courts of quarter sessions and oyer and terminer.19 His in-
eligibility for the office of county controller extends for 2 years after the
expiration of his term as clerk.20 He is exempt from military service,21
11 Const, of 1838, art. VI, sec. 3; Const., art. XIV, sec. 2 as am. 1909.
1J Const, of 1838, art. VI, sec. 3.
13 1839 P. L. 559 sec. 1.
14 1893 P. L. 462 No. 331 ; 1901 P. L. 559 am. 1923 P. L. 155 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 222; 1911 P. L. 538; 1921 P. L. 553.
15 1929 P. L. 1278 sec. 221 am. 1933 P. L. 950 No. 186.
16 Const., art. XIV, sec. 3.
17 1841 P. L. 400 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 142.
1H 1874 P. L. 186 sec. 4; 1929 P. L. 1278 sec. 223.
19 1834 P. L. 333 sec. 75; 1929 P. L. 1278 sec. 223.
m 1895 P. L. 403 No. 288 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 132.
21 1887 P. L. 23 sec. 110 sup. 1899 P. L. 266 sec. 2.
CLERK OF COURTS
233
and may not hold office under the government of the United States while
he is clerk of courts.22
Vacancies in this office are filled by the Governor to hold office until a
successor is chosen in the first municipal election which takes place 2 or
more months after the occurrence of the vacancy.23 Before assuming office
the clerk must take an oath 24 and post a bond.25
The clerk of courts does not receive a salary in seventh and eighth-class
counties. Instead he retains the fees which he receives for his services as
clerk of quarter sessions 28 and as clerk of oyer and terminer.27 After the
total amount of fees collected in any year reaches $4,000, he must turn
over half the excess to the State.28 In the other counties the clerk is paid
a salary. In third 29 and fourth-30class counties he receives $4,000 a year.
His annual compensation in fifth-class counties is $3,000, but if he holds
one or more additional offices it is increased to $4,000.31 The salary of
the clerk of courts of a sixth-class county is fixed at $2,500 a year and
that of clerk of the court of oyer and terminer is $1,000, but if one man
holds two offices he receives only $500 more than the compensation set for
the highest paying office of the two. If he holds another office he gets a
second additional $500.32
Since 1874 the clerk of courts has been required to appoint deputies, one
22 1812, 5 Sm.L. 309 sec. 1 sup. 1874 P. L. 186 secs. 8-12 rep. 1929 P. L. 1278 sec.
1051 but sup. by sec. 52.
23 1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1.
24 Const, art. VII, sec. 1; 1705-6, II St. at L. 267 sec. 2; 1834 P. L. 333 sec. 76;
1929 P. L. 1278 sec. 53.
20 The Frame of the Government, October 26, 1696, in Charter to William Penn,
p. 250 sec. 8; 1830 P. L. 169 sec. 9; 1830 P. L. 272 sec. 9; 1834 P. L. 333 sec. 76;
1929 P. L. 1278 sec. 225.
26 1821 P L. 50 secs. 5, 9 sup. 1868 P. L. 570 sec. 1.
" 1868 P. L. 3 sec. 5 did not apply to Montgomery, Beaver, Washington, and Lan-
caster counties, but was extended to Montgomery by 1873 P. L. 641 and to Lancaster
by 1899 P. L. 246.
”s 1868 P. L. 3 sec. 8 par. 7 am. 1901 P. L. 175 sec. 1 sup. for counties of more than
150,000 population by 1876 P. L. 13 sec. 2; 1874 P. L. 125 sec. 1 am. 1909 P. L. 77
further am. 1921 P. L. 69 further am. 1937 P. L. 2786; Comm. v. Conwav, 12 Pa.
C. C. 630; 2 Dist. 429 (1893).
23 1876 P. L. 13 sec. 13 am. 1881 P. L. 21 further am. 1887 P. L. 301 further am.
1901 P. L. 641.
30 1876 P. L. 13 sec. 14 am. 1895 P. L. 424.
31 1923 P. L. 1054 sec. 11 am. 1925 P. L. 380.
32 1923 P. L. 944 No. 375 sec. 1 am. 1931 P. L. 560.
234
COUNTY GOVERNMENT
of whom is designated as first deputy. They are authorized to perform
any of the clerk’s duties. The first deputy is permitted to take over the
duties of his principal whenever the latter is absent. When the office of clerk
of courts is vacant, the principal deputy acts as clerk until a successor
is appointed and qualified. In such cases, however, he must post a bond
which is satisfactory to the court of common pleas.33 The clerk of courts
also appoints special clerks and deputies whenever the pressure of business
makes it advisable.31 The compensation of each deputy is determined by
the salary board, or by the clerk himself if there is no salary board.35
Powers and Duties. The highly varied duties of this officer may be
divided into two main groups. Primarily he is clerk of the criminal courts,
but he must also perform duties relative to the miscellaneous civil jurisdic-
tion vested in the court of quarter sessions.
The clerk has custody of the records and seal of the court and performs
all duties appertaining to his office under the direction of the court.36
He signs and affixes the seal of the court to all writs and processes of
the court and to all exemplifications of them.37 When the judges cannot
attend court it is adjourned from day to day by the clerk.33
The clerk issues writs commanding the impaneling and summoning of
jurors.39 After jurors have served he certifies to the county commission-
ers the number of days served by each one.10 In trials without a jury the
written decisions of the court are filed with the clerk, who notifies all
parties.41 When an array of jurors is quashed the clerk certifies its record
to the court of common pleas, which enters it on its own records.42
Except in cases where the defendant is charged with treason or homi-
cide, the clerk is authorized to take bail and approve bail bonds when
the judges are unable to attend to these duties.43 The clerk of courts ac-
33 1874 P. L. 43 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 59 am. 1931 P. L.
401 sec. 1 and in 1929 P. L. 1278 sec. 224 am. 1931 P. L. 401 sec. 1 further am. 1933
P. L. 952; Comm. v. Gray, 28 Pa. C. C. 319 (1903).
34 1875 P. L. 25 sec. 2.
33 1929 P. L. 1278 sec. 224 am. 1931 P. L. 401 sec. 1 further am. 1933 P. L. 952.
39 1834 P. L. 333 sec. 45.
37 Ibid., sec. 77.
33 Ibid., sec. 64.
MIbid., sec. 108; 1867 P. L. 62 sec. 5.
49 1834 P. L. 333 sec. 120.
41 1874 P. L. 109 sec. 2 am. 1935 P. L. 640.
42 1874 P. L. 46 sec. 5.
43 1877 P. L. 3 sec. 1.
CLERK OF COURTS
235
cepts bonds filed in appeals 44 and prepares and forwards to the appellate
court a record of all appeals taken.45 He has the power to administer oaths
in conducting the business of his office.46
Before February first of each year the clerk of courts sends to the State
Department of Welfare a full statement of the criminal business of the
court for the preceding calendar year, giving specific detailed information
required by law.47 He must send to the Department of Revenue a certi-
fied record of all convictions and all fines imposed under the Motor Vehicle
Code.48 When a case tried in the county results in a death sentence the clerk
sends to the Governor a complete transcript of the record of the trial.49
The clerk of courts is obliged to make various reports to the officers in
charge of certain penal institutions. Once a month he forwards to the
wardens of the State penitentiaries a list of all convicts committed on the
indeterminate plan.50 He is required to furnish a record of the trial to the
officer in charge of a criminal sentenced to the Pennsylvania Industrial
School at Huntingdon.51 He must notify the Superintendent of the State
Industrial Home for Women at Muncy of persons sentenced to the Home
and furnish a record of the cases to the agents sent for the prisoners.52
The county is authorized to pay rewards for the apprehension of horse
thieves. When one is captured the clerk of courts notifies the county com-
missioners of that fact.53
In connection with the civil jurisdiction of the court, the clerk has the
power to take acknowledgments of deeds.54 He certifies to the Department
of Highways and the Secretary of Internal Affairs the establishment of a
44 1897 P. L. 67 sec. S.
46 Ibid., sec. 1.
48 1834 P. L. 333 sec. 77; 1859 P. L. 194 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but
reen. in sec. 226.
47 1847 P. L. 172 sec. 2 provided that this report be sent to the Secretary of the
Commonwealth ; 1872 P. L. 42 sec. 1 stipulated that it be sent to the Board of Public
Charities which was later supplanted by the Department of Welfare.
48 1929 P. L. 905 sec. 614 am. 1931 P. L. 751 sec. 2 further am. 1935 P. L. 331.
40 1860 P. L. 382 sec. 75 am. 1925 P. L. 759 ; 1913 P. L. 528 sec. 2.
60 1909 P. L. 495 sec. 7; 1911 P. L. 1055 sec. 7 partially sup. 1913 P. L. 532 sec. 1
and am. 1939 P. L. 114.
51 1887 P. L. 63 sec. 8. This school is now at White Hill.
62 1913 P. L. 1311 sec. 18.
63 1821 P. L. 90 sec. 2.
64 1775, 1 Sm. L. 422 sec. 1 am. 1893 P. L. 108 sec. 1.
236
COUNTY GOVERNMENT
new township 53 or borough 50 and certifies to the Superintendent of Public
Instruction the creation of a new school district.57 The clerk transmits to
the Secretary of Internal Affairs certified copies of the reports of commis-
sions appointed to alter any county line.58 He certifies to the Department
of Highways every report of road viewers and the action of the court
upon it.69 The clerk grants licenses to hawkers and peddlers of clocks and
tinware.90 At the close of each court term he transmits to the Auditor
General a list of persons to whom peddlers’ licenses have been granted by
the court of quarter sessions.61
It is the duty of this officer to make monthly returns and pay into the
State Treasury through the Department of Revenue all money received
for the use of the Commonwealth.62 All fines and recognizances forfeited
for the use of the State are sent by the clerk to the Department of Revenue
for suit.63
Records. The records of the clerk of courts are sometimes the result
of specific statutory requirement; in other cases their keeping is implied in
connection with the performance of specified duties. Still other records
result from the requirements of rules adopted by the court of a particular
county. The clerk keeps all papers filed in the criminal and civil proceed-
ings of the court of quarter sessions and oyer and terminer.64
MINUTES
Minute Book. Title varies: Records; Court Scratcher; Judge’s
Docket ; Docket.
This is a record of the proceedings in the courts of quarter sessions and
oyer and terminer. The information shown includes court term and case
55 1925 P. L. 359 No. 211 rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but
reen. in sec. 235, rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in
sec. 240.
58 1925 P. L. 359 No. 211 rep. as to boros. 1927 P. L. 519 sec. 3301 but reen. in
sec. 210.
67 1911 P. L. 309 sec. 116 am. 1915 P. L. 627 sec. 4 further am. 1921 P. L. 1032
sec. 2 further am. 1929 P. L. 642 sec. 2 further am. 1931 P. L. 243 sec. 1.
68 1876 P. L. 143 sec. 4.
59 1909 P. L. 142 sec. 2 am. 1923 P. L. 498 sec. 201 further am. 1927 P. L. 137.
69 1830 P. L. 39 sec. 2.
61 Ibid.; 1830 P. L. 147 sec. 1.
62 1893 P. L. 125 sec. 1 ; 1929 P. L. 343 sec. 901 am. 1931 P. L. 318.
“ 1783, 2 Sm.L. 84 sec. 5; 1811, 5 Sm.L. 228 sec. 24; 1818 P. L. 273 sec. 2; 1935
P. L. 1002 No. 319.
04 1834 P. L. 333 sec. 45.
CLERK OF COURTS
237
number; date and time court was convened and adjourned; names of
parties, attorneys, jurors, and judge; character and disposition of cases;
and date of next court session.65
Circuit Court Minutes, first half of the nineteenth century.66
The minutes of the old circuit courts are contained in this book which shows
the court term and case number; names of parties, attorneys, jurors, and
judge; and the character and disposition of cases.67
RECORDS OF APPOINTMENTS
Deputy Constables’ Appointments, 1830 — ,6!i
In this record are filed all appointments of deputy constables, showing the
civil division, name of appointee, and date of appointment.69
Petitions for Appointments.70
The court of quarter sessions is empowered to fill vacancies in various
borough 71 and township 72 offices. Petitions to fill these offices are filed with
the clerk.
OATHS AND BONDS
Officials’ Oaths.
This record contains the oaths of county commissioners (from 1834 until
1874), 73 county auditors (from 1834 until 1874), 74 the commissioners’
05 There is no law requiring that minutes be kept, but they are mentioned indirectly
in 1887 P. L. 14 sec. 2 rep. 1927 P. L. 841 No. 311 ; Comm. v. Robinson et al., 317 Pa.
321 (1935).
M The dates when the circuit courts were in existence varied in the individual
counties.
b7 This was not a required record and is very infrequently found.
08 These papers are often found with the general papers of this office.
69 1830 P. L. 36 sec. 1 rep. 1834 P. L. 537 sec. 114.
711 In many cases these petitions are filed with the general civil papers of the court
of quarter sessions.
71 1895 P. L. 433 rep. 1915 P. L. 312 ch. XIII, art. I sec. 1(a) but reen. in art. I
secs. 1-3 rep. 1927 P.L. 519 sec. 3301 but reen. in sec. 902.
72 1909 P. L. 245 rep. as to twp. tax collection 1917 P. L. 840 sec. 1500 but reen. in
sec. 183, for second-class twps. rep. 1933 P. L. 103 sec. 2101 ; 1917 P. L. 840 secs. 130,
132 (officers of first-class twps.) rep. 1931 P. L. 1206 sec. 3501 but reen. in secs. 530,
531 ; 1917 P. L. 840 secs. 180, 181 (officers of second-class twps.) rep. 1933 P. L. 103
sec. 2101 but reen. in secs. 420, 421.
73 1834 P. L. 537 sec. 17 sup. Const., art. VII, sec. 1 and rep. 1929 P. L. 1278 sec.
1051.
'* 1834 P. L. 537 sec. 45 sup. Const., art. VII, sec. 1 and rep. 1929 P. L. 1278 sec.
ro5i.
238
COUNTY GOVERNMENT
clerk (1891 to 1929), 75 local supervisors and assessors (from the colonial
period),70 and fire wardens (1903 to 1923). 77
Deputy Surveyors’ Bonds, 1785-1850.78
Bonds filed by former deputy surveyors.79
Constables’ Bonds, 1824 — .
Bonds filed by constables before they may take office, showing name of
constable, surety, and witnesses ; date and amount of bond ; affidavit ; and
official seals and signatures.80
Tax Collectors’ Oaths and Bonds, 1885 — .81
Oaths and bonds of borough and township tax collectors are filed here.
The information contained is as follows : names of tax collector, civil di-
vision, and sureties; date, amount, and conditions of obligation of bond;
dates of approval and filing ; and official seals and signatures.82
Court Bonds. Title varies : Recognizance ; Miscellaneous Bonds.
These are the bonds filed to insure the appearance of defendants. They
show the court term and case number ; names of principal and sureties ;
date, amount, and conditions of obligation of bond ; and official seals and
signatures.83
Record of Court Bonds. Title varies : Recognizance.
Record of bonds posted by defendants to insure their appearance. The in-
formation given is similar to that in the bonds themselves.84
76 1891 P. L. 22 No. 16 sup. 1899 P. L. 56 sec. 3 and rep. 1929 P. L. 1278 secs.
1951, 1052.
78 1744, 1 Sm.L. 413 sec. 9.
77 1903 P. L. 24 No. 29 sec. 1 rep. 1923 P. L. 98 sec. 2901.
78 These bonds are seldom filed separately, but may be included with other records
79 1785, 2 Sm.L. 317 sec. 11 ; 1850 P. L. 434 abolished the office of deputy surveyor.
80 1824 P. L. 171 sec. 3 sup. 1834 P. L. 537 sec. 112.
81 In some counties, earlier records have been kept.
82 1885 P. L. 187 sec. 3 am. 1909 P. L. 474 rep. as to twp. taxes 1917 P. L. 840
sec. 1500 but reen. for second-class twps. in sec. 366 but rep. 1933 P. L. 103 sec. 2101
and reen. in sec. 571 am. 1935 P. L. 1205 further am. 1939 P. L. 224; 1885 P. L. 187
sec. 3 am. 1909 P. L. 474 rep. as to boros. 1927 P. L. 519 sec. 3301 but reen. in sec
1081.
83 These bonds are not filed separately in every county, but are often kept with the
general quarter sessions papers.
84 This is not a required record, and is not kept in every county.
CLERK OF COURTS
239
Commission Book.
Record of commissions granted,85 showing name of person commissioned,
his term, date of commission, and volume and page where it is recorded in
the commission book.88
TRIAL AND ARGUMENT LISTS
Trial Lists. Title varies: Clerk of Courts Docket; Criminal Trial
Docket.
A calendar of cases listed for trial in quarter sessions court, showing the
court term and case number ; names of defendant, prosecutor, and at-
torney; list of jurors; and character of case.
Argument Lists. Title varies: Watch Book; Quarter Sessions
Argument Docket.
A record of cases listed for argument, showing the names of defendant
and his attorney, court term and case number, and cause.
PAPERS AND DOCKETS: CRIMINAL PROCEEDINGS
Quarter Sessions Papers (Criminal), dates from the establish-
ment of the county. Title varies : Indictments ; Sessions.
Files of all papers filed in criminal proceedings before the court of quarter
sessions such as trial lists, grand jury reports, petitions, warrants, praecipes,
notices to defendants, motions, indictments, bonds, subpoenas, bills of costs,
testimony, orders, verdicts, appeals, court rules and orders, releases from
probation, orders for parole, and disposition. The papers show the court
term and case number; names of parties, attorneys, and judge; date, type,
and character of paper; and official seals and signatures.88
Oyer and Terminer Papers, dates from establishment of county.
This record corresponds to Quarter Sessions Papers (Criminal), and con-
tains all the papers filed in proceedings before the court of oyer and
terminer.89
“ One of the records of the recorder of deeds.
80 This is a very infrequently kept record.
8‘ In some counties the rules of the court of quarter sessions require that these lists
be kept by the clerk of courts. In other counties the clerk keeps them as a matter
of convenience.
88 1834 P. L. 333 sec. 45.
83 Filed separately from Quarter Sessions Papers in a few counties.
240
COUNTY GOVERNMENT
Papers for Pending Cases, recent dates. Title varies: District At-
torney.
In this file are papers similar to those in Quarter Sessions Papers (Crim-
inal) and Over and Terminer Papers. They are kept as a separate file be-
cause they relate to cases not yet disposed of.90
Court Stenographer's Notebooks, 1907 — .91
Original stenographic records of proceedings in the court of quarter ses-
sions and oyer and terminer written in shorthand.92
Notes of Testimony, 1907 — .93 Title varies: Testimony Taken;
Stenographer Notes.
Transcribed notes of testimony taken in court proceedings. The following
information is given : court term and case number, names of defendant and
witnesses, date and place of hearing, a verbatim record of the testimony,
and court stenographer’s signature.04
Probation Officers’ Reports. Title varies: Parole Office; Adult
Prob. Docket.95
These reports vary greatly from county to county since the court of quarter
sessions itself stipulates what sort of reports are to be made to it. They
include financial reports, record of adults placed on probation, and any
other type of information requested by the court.90
Quarter Sessions Docket (Criminal), dates from the establishment
of the county. Title varies: Sessions Docket; Court Docket.
This is a record of all cases heard in the court of quarter sessions. The
facts shown include : the court term and case number ; names of defendant,
attorneys, witnesses, prosecutors, jurors, and judge; date of trial; character
of case; plea; verdict; disposition; and costs.97
90 Often filed separately for the sake of convenience.
91 In a few counties records dating prior to 1907 may be found. These notebooks
are not present in every county.
9'-’ 1907 P. L. 135 secs. 3, 5, 9.
1,3 Earlier records are often found. This record is often kept with Quarter Sessions
Papers.
94 1907 P. L. 135 secs. 3, 5, 9.
95 These reports are often found in Quarter Sessions Papers (Criminal).
90 These reports are not found in every county. 1909 P. L. 495 sec. 4; 1911 P. L.
1055 sec. 3 am. 1919 P. L. 569.
07 This is always kept as a matter of custom.
CLERK OF COURTS
241
Oyer and Terminer Docket, dates from the establishment of the
county.
This is a record of cases tried in the court of oyer and terminer. The in-
formation contained is similar to that in Quarter Sessions Docket
(Criminal) . 98
Constables’ and Justices’ Returns. Title varies: Transcripts; In-
formation and Sessions Dockets.
The constables’ returns of law violations and the record of cases held be-
fore justices of the peace and sent on to quarter sessions court make up this
record. The information shown includes: court term and case number;
names of defendant, prosecutor, witnesses, and justice of the peace or
constable ; an itemized list of costs ; and an account of the disposition of
the case.99
Transferred Prisoners, 1923 — -.
The clerk keeps a record of all prisoners convicted in the county who were
transferred to other institutions. It shows the prisoner’s name, institution
to which he was originally sentenced, institution to which transferred, and
date when transferred.100
Execution Certificates, 1913 — . Title varies: Execution Docket.
After the execution of a criminal takes place, the warden of the Western
Penitentiary certifies that fact to the clerk of courts of the county in which
the criminal was convicted. The clerk thereupon files the certificate.101
Attorneys for Destitute Murder Defendants, 1907 — .
When a person charged with murder is destitute, he files an affidavit to
that effect with the clerk of courts. The court thereupon appoints an
attorney to serve as his counsel. The affidavits and the attorney’s expense
accounts are filed with the clerk.102
“s In some of the counties the Oyer and Terminer Docket is kept separately from
Quarter Sessions Docket (Criminal), but in other counties both dockets are combined.
m This may be found in Quarter Sessions Papers (Criminal).
1923 P. L. 1044 sec. 5. This may be found in Quarter Sessions Papers (Criminal)
or Oyer and Terminer Papers.
101 1913 P. L. 528 sec. 6. These papers may be found in Quarter Sessions Papers
(Criminal) or in Oyer and Terminer Papers.
10' 1907 P. L. 31 No. 27. These papers may be found in Quarter Sessions Papers
(Criminal) or in Oyer and Terminer Papers.
242
COUNTY GOVERNMENT
Firewarden's Reports, 1897 — .103
These are reports of violations sent to the clerk of courts by fire wardens.104
Desertion and Non-support Papers, 1867 — . Title varies: Desertion
Court.
Papers filed in desertion and nonsupport cases are sometimes filed sepa-
rately. The information contained includes : court term and case number,
names of parties and attorneys, date and character of paper, and disposi-
tion of case.105
Confiscated Automobiles, 1923-33. Title varies : Petitions on Auto-
mobiles.
Petitions and court orders to condemn and sell automobiles seized for
liquor law violations are found here. These papers show the name and
address of the owner, serial number and make of car, type of violation,
date of sale, proof of publication, and volume and page where the case
is entered in the Quarter Sessions Docket (Criminal).100
Appealed Cases. Title varies: Superior Court; Superior Court
Papers.
These are papers which were filed in individual criminal cases appealed
to higher courts. The information contained includes : court term and
case number; names of parties, attorneys, and judge; character of case;
its disposition in the lower court ; dates when it was appealed and returned ;
orders of the higher court ; and official seals and signatures.107
PAPERS AND DOCKETS : CIVIL PROCEEDINGS
Quarter Sessions Papers (Civil), dates from the establishment of
the county. Title varies: Miscellaneous Quarter Sessions; Miscel-
laneous Files; Sessions C.D. (Civil Docket).
This file contains the papers filed in civil proceedings before the court of
103 These records are probably no longer kept.
104 1897 P. L. 9 sec. 3. These papers are often found in Quarter Sessions Docket
(Criminal).
105 1867 P. L. 78. These papers are not always filed separately, and when they are
they do not always exist for the entire period since 1867.
105 1923 P. L. 34 sec. 9 rep. 1933-34 (Sp. Sess.) P. L. 15 sec. 802. These papers
are usually found in Quarter Sessions Files (Criminal).
107 These papers may be found in Quarter Sessions Papers (Criminal) or in Oyer
and Terminer Papers.
CLERK OF COURTS
243
quarter sessions. The facts found in the papers include : court term and
case number ; names of parties, witnesses, and attorneys ; character of in-
strument; cause for action; decree of court; date filed; and official seals
and signatures.108
Quarter Sessions Docket (Civil), dates from the establishment of
the county. Title varies: Miscellaneous Quarter Sessions Docket;
Quarter Sessions Civil Docket.
A record of all civil proceedings in the court of quarter sessions, showing
court term and case number, names of parties, character of paper, date
filed, and decree of court.109
PAPERS AND DOCKETS: JUVENILE
Juvenile Court Papers, 1901 — . Title varies: Juvenile Court;
Juvenile; Sessions, Juvenile; Juvenile Court Cases.
The papers filed in juvenile court cases are found here. They include
petitions, warrants, orders, commitments,110 agreements by parents or
guardians to pay a weekly amount for support, receipts for the board of
children, and court orders and subpoenas. The latter show the court term
and case number; names of child, parents or guardians, complainant, and
attorney; charges; and disposition of case.* * 111
Juvenile Court Docket, 1901 — .112
This is a record of all cases tried before the juvenile court. It shows the
court term and case number; names of defendant; prosecutor, and judge;
date and type of paper filed ; summary of case ; criminal record of child ;
and disposition of case.113
103 1834 P. L. 333 sec. 45. All counties do not file papers from civil proceedings
separately from those received in criminal proceedings. Therefore, in some counties
there is only one file of papers, usually titled Quarter Sessions Papers. Other counties
have had separate files during one period of their existence and have filed all papers
together at other times.
109 A separate civil docket is not always kept, even in counties with a separate file
of papers relating to civil proceedings.
110 1903 P. L. 66 sec. 1 rep. 1933 P. L. 1433 sec. 28 but reen. as am. in sec. 8.
111 Papers filed in juvenile cases prior to 1901 are found with the general Quarter
Sessions Papers.
112 The law of 1901 stipulated that this record be entitled Juvenile Record, 1901
P. L. 279 sec. 3 rep. 1903 P. L. 274 sec. 12.
113 1901 P. L. 279 sec. 3 rep. 1903 P. L. 274 sec. 12 but reen. as am. in sec. 1 rep.
1933 P. L. 1433 sec. 28 but reen. in secs. 1, 3. Prior records of juvenile cases are
found in Quarter Sessions Docket, Criminal.
244
COUNTY GOVERNMENT
Juvenile Probation Officers’ Reports, 1903 — .114 Title varies:
Juvenile Docket Prob. Officer.
These papers vary greatly from county to county, and often do not exist
at all, for the juvenile probation officers have to make only such reports
as the court of quarter sessions stipulates.115
ROAD AND BRIDGE PAPERS
Road and Bridge Papers, dates from the origin of the county. Title
varies: Road Records; Sessions R. D. (Road Docket).116
The clerk of courts is obliged to file old papers pertaining to proceedings
in the construction and repair of roads and bridges. These papers include
petitions to open, vacate, or improve roads and bridges, and the resultant
reports of viewers with plots and drafts of the proposed work and the final
decision of the court.117 Although the commissioners of first-class town-
ships have a number of powers relating to roads and bridges, which the court
or the county commissioners possess for second-class townships, viewers’
reports, maps, and drafts from first-class townships are still filed with the
clerk.118 These papers show the court term and case number, the names
of interested parties, location and description of road, character of paper,
and official seals and signatures. These papers also include local road super-
visors’ reports 119 and certification of their election.120
Bridge Papers, dates from the establishment of the county.
In a few counties records which pertain to the construction and repair
of bridges have been filed separately from those relating to roads.121
114 The dates of these records vary greatly, but none will be found prior to 1903.
115 1901 P. L. 279 sec. 6 rep. 1903 P. L. 274 sec. 12 but reen. in sec. 3 am. 1909 P. L.
89 sec. 1 rep. 1933 P. L. 1433 sec. 28 but reen. in sec. 17.
116 1700, 1 Dali. 16.
117 1700, II St. at L. 68 rep. 1902 P. L. 178 sec. 25 but reen. as am. in secs. 1-24 rep.
1836 P. L. 551 sec. 82 but reen. as am. in secs. 1-81 ; 1895 P. L. 336 am. 1905 P. L.
290 further am. 1909 P. L. 527 sup. 1911 P. L. 244 secs. 1-17, 19 am. 1919 P. L. 918
rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 751, 871, 893; 1907 P. L. 167 sec. 1
rep. as to boros. 1915 P. L. 312 ch. XIII art. I sec. 1; 1929 P. L. 1278 sec. 752 am.
1931 P. L. 401 sec. 1.
ns 1901 P. L. 510 sec. 1 am. 1917 P. L. 104 rep. 1917 P. L. 840 sec. 1500 but reen.
as am. in secs. 495-498, 506, 507 rep. 1931 P. L. 1206 sec. 3501 but reen. as am. in
secs. 2005-2008, 2031.
”"1761, 1 Sm.L. 231 sec. 4.
120 1802 P. L. 178 sec. 2 rep. 1836 P. L. 551 sec. 82.
121 In the counties where Bridg'e Papers have been filed separately, they have not
always been filed separately for the whole period of the county’s existence.
CLERK OF COURTS
245
Petitions to Acquire Toll Bridges, 1909 —
These are petitions requesting the county to purchase toll bridges and
operate them as free county bridges.122
Road and Bridge Docket, dates from the establishment of the
county.
This is a record of all road and bridge proceedings before the court of
quarter sessions, including petitions for roads, appointments of viewers,
reports of viewers, exceptions filed, grants, and plans. The information
shown includes the court term and case number ; location and description of
road or bridge; names of viewers, parties, and judge; and disposition of
case. It is arranged chronologically according to the court term.123
Index to Road and Bridge Docket, dates from the establishment of
the county.
This index to the Road and Bridge Docket shows the names of the town-
ship, the court term and case number, a description of each petition filed,
and the volume and page where it is recorded on the docket.124
Notes of Testimony. Title varies: Depositions.
The notes of testimony taken from witnesses in road cases are here filed.
This show's the court term and case number; names of parties, witnesses,
and attorneys ; date and place wdiere testimony was taken ; nature of testi-
mony; and official seals and signatures.125
RECORDS PERTAINING TO CIVIL DIVISIONS
Municipalities. Title varies : Incorporation of Boroughs ; Division
of Townships and Boroughs ; Miscellaneous Files, Indebtedness of
Boroughs and Townships; Special Township and Borough Elec-
tion.120
The court of quarter sessions has certain supervision over boroughs, town-
1909 P. L. 73 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 811. These petitions arc
usually found in Road and Bridge Papers and may even be found in Quarter Ses-
sions Papers (Civil).
1700, 1 Dali. 16. In many counties, including some of those which file road and
bridge papers separately, a separate Road and Bridge Docket is not kept. The
Quarter Sessions Docket (Civil) then contains these papers.
'24 The Road and Bridge Docket is not always indexed.
These notes are usually placed with Road and Bridge Papers.
‘‘6 In many counties all of these papers are found in Quarter Sessions Papers (Civil)
and in some counties a few of them are filed separately and others are placed in
Quarter Sessions Papers (Civil).
246
COUNTY GOVERNMENT
ships, and third-class cities within the county, and many of the records in
the clerk’s office relate to these municipalities. These include petitions for
the formation of boroughs,127 petitions to annul borough charters and to
change the names of boroughs ; 128 petitions to change borough bound-
aries,129 to divide boroughs,130 to erect new wards,131 to change the number
of councilmen from each ward of a given borough,132 and to settle boundary
disputes between a borough and an adjoining municipality.133 An applica-
tion of a former borough to withdraw from a third-class city is likewise
filed here.134 Whenever a borough by ordinance adds adjoining lots to its
territory, a plan of such extensions is filed with the clerk of the court of
quarter sessions.133 Other papers concerning boroughs include complaints
that a borough council has failed to organize itself 138 and returns of elec-
tions held to determine whether a borough may use some of its funds in
other ways than were originally permitted.137
127 1834 P. L. 163 sec. 1 and 1895 P. L. 389 No. 376 both rep. 1915 P. L. 312 ch.
XIII art. I sec. 1 but reen. in ch. II art. I secs. 2-4 rep. 1927 P. L. 519 sec. 3301 but
reen. in secs. 201-205.
128 1913 P. L. 910 and 1915 P. L. 312 ch. II art. V sec. 3 both rep. 1927 P. L. 519
sec. 3301 but reen. in secs. 301-303 am. 1931 P. L. 386 sec. 4.
123 1907 P. L. 264 rep. as to boros. 1915 P. L. 312 ch. XIII art. I sec. 1(c) but
reen. as am. in ch. Ill art. I secs. 1-5, 9-12 rep. 1927 P. L. 519 sec. 3301 but reen.
in secs. 401-420.
130 1889 P. L. 393 No. 326 sec. 1 rep. 1915 P. L. 312 ch. XIII art. I sec. 1(a) but
reen. in ch. II art. IV rep. 1927 P. L. 519 sec. 3301 but reen. in secs. 235, 236.
131 1874 P. L. 159 sec. 2 rep. 1915 P. L. 312 ch. XIII art. I sec. 1(a) but reen. in
ch. Ill art. Ill secs. 1, 2 rep. 1927 P. L. 519 sec. 3301 but reen. in secs. 601, 602.
132 1915 P. L. 312 ch. VIII art. I secs. 11, 12 rep. 1927 P. L. 519 sec. 3301 but
reen. in secs. 815, 816.
133 1893 P. L. 284 sec. 2 rep. 1915 P. L. 312 ch. XIII art. I sec. 1 but reen. in ch.
Ill art. II sec. 2 rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 502.
131 1915 P. L. 312 ch. II art. Ill secs. 1, 2 rep. 1927 P. L. 519 sec. 3301 but reen.
in sec. 22 5.
135 1871 P. L. 283 sec. 4 am. 1899 P. L. 33 sec. 1 rep. 1903 P. L. 24 7 sec. 2 but reen.
in sec. 1 supp. 1907 P. L. 48 No. 45 and 1909 P. L. 45 rep. as to boros. 1915 P. L.
312 ch. XIII art. I sec. 1 but reen. in ch. II sec. 19 rep. 1927 P. L. 519 sec. 3301 but
reen. in sec. 426.
139 1897 P. L. 8 No. 5 sec. 1 rep. 1915 P. L. 312 ch. XIII art. I sec. 1(a) but reen.
in ch. VII art. I sec. 4 rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 1004.
137 1917 P. L. 568 sec. 6.
CLERK OF COURTS
247
Also filed here are petitions for the erection of a new first-class 138 or
second-class 139 township, petitions for the division of a township,140 or for
the changes of township boundaries,141 and applications by a first-class
township asking to return to second-class status.142 In addition, there are
filed complaints that a township officer is refusing or neglecting to perform
his duties.143
Records concerning third-class cities are similar to borough and town-
ship records, but they are not so numerous, for in some cases the city coun-
cil receives petitions similar to those of minor civil divisions which are
presented to the court. Among the petitions sent to the court of quarter
sessions are requests to change the corporate title of a city,144 to create or
divide wards,145 to annex adjoining lots to a city,140 and to establish dis-
puted boundary lines.147 Applications for the union of two cities are like-
wise found here.148 Duplicate drafts and plans of topographical surveys in
third-class cities,149 and petitions of boroughs or townships for annexation
to a city 150 are also among these papers.
118 1917 P. L. 840 sec. 30 rep. 1931 P. L. 1206 sec. 3501 but reen. in sec. 205.
139 1917 P. L. 840 sec. 20 rep. 1933 P. L. 103 sec. 2101 but reen. in secs. 205, 206.
140 1905 P. L. 228 rep. 1917 P. L. 840 sec. 1500 but reen. in secs. 41, 42. The art. of
1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen. in sec. 211,
rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in secs. 205, 206.
141 1893 P. L. 284 sec. 2 rep. 1917 P. L. 840 sec. 1500 but reen. in secs. 70, 71, 80, 81.
The art. of 1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen.
in sec. 302, rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in sec. 302.
141 1905 P. L. 36 sec. 1 rep. 1917 P. L. 840 sec. 1500 but reen. in sec. 35. The art. of
1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen. in sec. 209
added 1933 P. L. 1096 sec. 3, rep. as to second-class twps. 1933 P. L. 103 sec. 2101
but reen. in sec. 226.
143 1907 P. L. 27 No. 23 sec. 1 rep. 1917 P. L. 840 sec. 1500 but reen. in sec. 192.
The art. of 1917 was rep. as to first-class twps. 1931 P. L. 1206 sec. 3501 but reen. in
sec. 604, rep. as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in sec. 503.
144 1931 P. L. 936 sec. 301.
Ibid., secs. 401, 402.
146 Ibid., sec. 515.
147 1893 P. L. 284 sec. 2 rep. as to third-class cities 1931 P. L. 936 sec. 4701 but
reen. in sec. 603.
148 1906 P. L. 7 sec. 2.
149 1889 P. L. 277 art. XVII secs. 2, 3 am. 1901 P. L. 224 secs. 37, 38 sup. 1913 P. L.
568 art. XVII secs. 2-5 rep. 1931 P. L. 936 sec. 4701.
160 1903 P. L. 332 rep. 1923 P. L. 1047 sec. 10 but reen. in sec. 1 rep. 1929 P. L. 1694
sec. 13.
248
COUNTY GOVERNMENT
In almost all of the above mentioned instances, after a petition is filed
for a certain change in a borough, township, or city, an election upon that
matter is held in the municipality. Thereupon, certified copies of the re-
turns are filed with the clerk. Other miscellaneous papers found here are
returns of elections to increase municipal indebtedness,151 and reports of
commissions appointed to alter the county boundary lined5"
Local Auditors’ Reports, 1874—. Title varies: Statements.
Copies of the reports of the auditors of townships 153 and boroughs.154 Also
included are copies of the financial reports of poor districts from 1909 until
1937 155 and the reports of the auditors of school districts from 1911 until
1913. 150 The information included in these annual statements consists of
the date, name of civil division, assessed valuation of property, an itemized
statement of receipts and expenditures, an account of taxes collected and
deductions allowed, a statement of delinquent taxes, the date filed, and
official seals and signatures.157
1874 P. L. 65 sec. 4 am. 1895 P. L. 36 further am. 1897 P. L. 53 supp. 1903 P. L.
282 No. 212.
,f,J 1905 P. L. 157 sec. 6 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 40.
>“1874 P. L. 112 sec. 2 rep. as to the accounts of supervisors and township treasur-
ers 1917 P. L. 800 sec. 1500; 1911 P. L. 865 sec. 2 am. 1913 P. L. 254 sec. 3, rep. as
to twps. 1917 P. L. 800 sec. 1500 but reen. in sec. 32 7, rep. as to first-class twps. 1931
P. L. 1206 sec. 3501 but reen. in sec. 1003 am. 1935 P. L. 1176 sec. 1 ; 1931 P. L. 1206
sec. 1103 applies to reports of first-class twp. controllers; 1917 P. L. 840 sec. 327 rep.
as to second-class twps. 1933 P. L. 103 sec. 2101 but reen. in sec. 547 am. 1935 P. L.
1299 sec. 1 further am. 1937 P. L. 1738 sec. 1 (1909 P. L. 392 sec. 2 rep. as to twps.
1917 P. L. 840 sec. 1500 required that the receipts and expenditures of old twps. be
filed here).
151 1874 P. L. 112 sec. 2 and 1911 P. L. 865 sec. 2 am. 1913 P. L. 254 sec. 3 all rep.
as to boros. 1915 P. L. 312 ch. XIII art. I sec. 1 but reen. in ch. VII art. IV sec. 3
rep. 1927 P. L. 519 sec. 3301 but reen. in sec. 1037 am. 1931 P. L. 386 sec. 8. 1909
P. L. 392 ch. 2 rep. as to boros. 1915 P. L. 312 ch. XIII art. I sec. 1 required that
financial reports of boros, be filed with the clerk.
155 1909 P. L. 392 sec. 2; 1911 P. L. 865 sec. 2 am. 1913 P. L. 254 sec. 3; 1911 P. L.
1071 (applied to counties of from 150,000 to 300,000 inhabitants). All of these laws
were rep. 1937 P. L. 2017 sec. 702.
15“ 1911 P. L. 865 am. 1913 P. L. 254 sec. 3.
157 In some counties all of these auditors’ reports are filed in Quarter Sessions
Papers (Civil) ; in other counties they are all filed together as is shown here; in still
other cases a mixture of the two systems is used.
CLERK OF COURTS
249
NATURALIZATION RECORDS 158
Naturalization Papers, 1790 — . Title varies: Alien Files, Declara-
tions ; Record of Declaration of Intention ; Alien Files ; Admissions.
The record consists of aliens' original declarations of intention to become
naturalized. The information contained in these papers includes: date and
number of the declaration, date and place of the alien’s birth, date and port
of entry, signature of alien, and the name of judge. Other papers found
here are certificates of admission to citizenship which show the date of
admission ; name, address, and date and place of birth of alien ; date and
port of entry ; and signatures of witnesses, the alien, his attorney, and the
issuing officer.
Naturalization Docket, 1790 — . Title varies: Petition and Record,
Naturalization Service.
A record of aliens admitted to citizenship is found here. It shows court
term, file number, date of admission, alien’s name and nativity ; and whether
or not he was granted or refused citizenship.
JURY RECORDS
Jury Papers, may date from the establishment of the county. Title
varies: Precepts; Precepts and Venires; Miscellaneous.
A number of papers relating to juries are filed here. These include papers
issued for the drawing and summoning of grand and petit jurors such as
lists of the names placed in the jury wheel, precepts for directing a venire
and extending the term of court, orders for filling the jury wheel, certifi-
cates of pay for jury service, and oaths of the sheriff, jury commissioners,
168 Prior to 1906, by virtue of the first uniform naturalization law passed by Congress
in 1790, the courts of quarter sessions and oyer and terminer and common pleas had
jurisdiction over the naturalization of aliens (1790, 1 U. S. Stat. 103 ch. 3). The
comprehensive naturalization law of 1906 provided for uniform processes and records
throughout the nation, and gave jurisdiction over naturalization to a number of courts,
including all courts of record in any state or territory having a seal, a clerk, and
jurisdiction in actions at law and equity in which the amount in controversy is un-
limited. 1906, 34 U. S. Stat. 596 ch. 3592 sec. 3; 1911, 36 U. S. Stat. 1167 ch. 231
sec. 289; 1913, 37 U. S. Stat. 737 ch. 141 sec. 3. In some counties of Pennsylvania
it is customary for naturalization cases to come before the court of common pleas,
while in others the court of quarter sessions handles them. Therefore, in any given
county, all naturalization records will be found in the office of either the prothonotary
or the clerk of courts. In some counties, naturalization papers prior to 1906 are filed
with one of these officers and those since 1906 are filed with the second officer.
250
COUNTY GOVERNMENT
and clerk to the jury commissioners. The papers show court term, date
filed, names of parties, and official seals and signatures.159
Jury Lists, 1805 — .
This is a list of all persons whose names were drawn for jury service.160
Jury Book. 1834—. Title varies: Quarter Sessions and O. and T.
Jurors’ Time Book.
This book contains a record of those whose names were drawn for jury
service for each court term. A special note is made beside the names of
those who defaulted or were excused. The record shows the number of
days served by the remaining persons on the list. In some counties addi-
tional information is given, such as the trials at which the individual jurors
served, defendants’ names, dates of each trial, and verdicts.181
RECORDS PERTAINING TO ELECTIONS
Duplicates of Election Returns, from origin of the county until
1937.162
These are duplicates of the returns of elections held within the county.
The information contained includes : date of election, offices voted for and
the candidates for each, and the number of votes received by every candi-
date within each civil division.163
Disputed Elections, 1839-1937.164
All papers concerning election controversies brought before the court of
quarter sessions are filed here.165
160 In most counties these papers are not filed separately but are found with Quarter
Sessions Papers (Criminal). In some cases one or more types of jury papers are
filed separately here and the remainder are placed with the general quarter sessions
papers. For example: Certificates of Pay for Jury Service.
180 1805, 4 Sm.L. 237 sec. 9 sup. 1834 P. L. 333 sec. 123.
181 1834 P. L. 333 sec. 128; Frederick v. County of Lehigh, 2 Leh. L. J. 118 (1908).
182 In many counties these records are found with Quarter Sessions Papers (Civil),
and in other counties they have been placed with the records of the county board of
elections.
183 1717-18, III St. at L. 175 sec. 1 (obsolete) ; 1799, 3 Sm.L. 340 sec. 12 rep. 1839
P. L. 519 sec. 174 but reen. in sec. 55 rep. 1840 P. L. 683 sec. 16 but reen. in sec. 1
rep. 1937 P. L. 1333 sec. 1901 ; 1839 P. L. 519 sec. 84 rep. 1937 P. L. 1333 sec. 1901.
184 In some counties these records have been placed in Quarter Sessions Files (Civil)
and in other counties they are now in the office of the county board of elections. Other
papers relating to contested elections are found in the prothonotary’s office.
185 1839 P. L. 519 sec. 154 sup. 1874 P. L. 208 sec. 16 rep. 1937 P. L. 1333 sec. 1901.
CLERK OF COURTS
251
Candidates’ Expense Accounts, 1906 -37. 160
These papers consist of the itemized accounts of campaign expenditures.
They were filed by all candidates for nomination or election and by every
treasurer of a political committee. It shows “every sum of money con-
tributed, received, or disbursed by him for election expenses, date of each
contribution, receipt, and disbursement, name of person from whom re-
ceived or to whom paid, and object or purpose for which the same was
disbursed.’’ This report also gives an itemized account of all unpaid obliga-
tions of the candidate or committee.187 Sometimes included with these ac-
counts are petitions asking the court to have an audit made of one or more
of them.168
Petitions to Form New Election Districts, 1885. — .16S
These are petitions asking the court to set up new election districts. They
show the boundaries of the proposed district and contain the signatures of
the petitioners.170
Petitions for Appointment of Election Officers, 1874 — -.171
Title varies : Appointment of Election Officers.
These are petitions for the appointment of local election officers for new
districts or to fill vacancies in existing districts. They show the court term
and case number, district number, applicant’s name, petitioners’ signatures,
and dates of approval and filing.172
Record of Appointment of Election Officers, 1874 — . Title varies:
Appointment of Election Officers.
This record of appointment of election officers by the court of quarter
166 These accounts may be found in Quarter Sessions Papers (Civil) and may have
been placed with the records of the county board of elections.
167 1906 (Sp. Sess.) P. L. 78 sec. 6 rep. 1937 P. L. 1333 sec. 1901.
168 1906 (Sp. Sess.) P. L. 78 sec. 9 rep. 1937 P. L. 1333 sec. 1901.
169 These petitions are often found with current petitions among the records of the
county board of elections. In other cases they are found in Quarter Sessions Papers
(Civil/.
170 1885 P. L. 149 No. 117 sec. 1 rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in
secs. 503, 504.
171 These petitions may be found in Quarter Sessions Papers (Civil). In other
counties they have been placed with current records in the office of the county board
of elections.
172 1894 P. L. 31 sec. 6 am. 1893 P. L. 101 further am. 1897 P. L. 38 further am.
1921 P. L. 618 rep. 1937 P. L. 1333 sec. 1901 but reen. as am. in sec. 405.
252
COUNTY GOVERNMENT
sessions shows the appointee’s name, the office to which he was appointed,
and the date of appointment.173
LICENSES AND REGISTERS
Attorneys Admitted to Practice, 1885-1927. 174
This is a record of all attorneys admitted to practice in the courts of quarter
sessions and oyer and terminer 175 and shows the attorney’s name and the
date and court term when he was admitted.176
Liquor Licenses, from the establishment of the county until the
adoption of the eighteenth amendment. Title varies: Petitions and
Bonds ; Petitions for License.
These are papers filed concerning the issuance of liquor licenses. They
include petitions, applications, character references, duplicates of licenses,
bonds, transfers, and remonstrances. The papers show the court term and
case number, names of parties, license number, signatures of petitioners,
disposition of application, and official seals and signatures.177
Liquor License Docket, may date from the establishment of the
county until the adoption of the eighteenth amendment.
This is a record of proceedings relating to the granting of liquor licenses.
It shows the court term and case number, names of parties, date and num-
173 This is frequently kept as a separate record. In other counties this information
is found in Quarter Sessions Docket (Civil).
174 Earlier and later records are often found since their keeping is implied in various
laws (1722, 1 Sm.L. 145 sec. 28; 1834 P. L. 333 secs. 68-74) and often required by
the rules of court.
1,5 In some counties this record lists attorneys admitted to practice in all the courts
of the county.
' 1885 P. L. 16 am. 1887 P. L. 131. The act of 1885 was rep. 1927 P. L. 1666 No.
138 and the act of 1887 was rep. 1927 P. L. 356 No. 225.
177 1794, XV St. at L. 149 sec. 1 ; 1821 P. L. 244 sec. 3 rep. 1824 P. L. 32 secs. 8, 9:
1783, XI St. at L. 53 sup. 1834 P. L. 117 secs. 1, 4, 14, 15 rep. 1855 P. L. 53; 1830
P. L. 352 sec. 3 sup. 1834 P. L. 117 sec. 6 rep. 1933 P. L. 853 sec. 601; 1856 P. L.
200 sec. 8 rep. 1864 P. L. 895, 1856 P. L. 200 secs. 7, 10, 11 sup. 1887 P. L. 108 secs.
3-6, 9 rep. 1923 P. L. 34 sec. 8; 1875 P. L. 40 sec. 2 sup. 1887 P. L. 108 sec. 3 rep.
1923 P. L. 34 sec. 8 (1891 P. L. 257 sec. 8 am. 1901 P. L. 124 sec. 2 seems to be rep.
by implication 1935 P. L. 1246 secs. 1, 802) ; 1897 P. L. 297 sec. 2 am. 1901 P. L. 263
rep. 1933 P. L. 252 sec. 33 ; 1897 P. L. 464 sec. 3 am. 1903 P. L. 317 rep. 1933 P. L.
252 sec. 33; Comm. v. Sclioener, 212 Pa. 527.
CLERK OF COURTS
253
ber of application, type of proceeding, disposition and fees. Bonds, trans-
fers, and remonstrances may also be noted here.178
Applications for Detective Licenses, 1887 — .1'a
All applications for detective licenses must be fried with the clerk of
courts.180
Bolter and Baker Brandmarks, 1724 — ,181
This is a record of the trade marks of bolters, bakers, and flour millers. It
shows the date of registry, a copy of the mark, and name of the owner. 1S-
Peddlers’ Bonds, 1830 — .18S
These are the bonds which must annually be posted by every peddler before
the court of quarter sessions grants a license to him.184
Record of Transient Medical Practitioners, 1877-1911.185
Anyone who opened a transient medical office within the county was obliged
to secure a license from the clerk of courts. Before a license was granted,
satisfactory evidence of the applicant’s fitness to practice had to be fur-
nished to the clerk. This consisted of a diploma from a chartered medical
school or a record of the places where he had been engaged in the practice
of medicine.186
Small Loans Applications, 1909-1 3. 187
From 1909 until 1913 the clerk of courts granted licenses for engaging in
the small loans business. In addition, he was entitled to revoke the licenses
There is no legal requirement for the keeping of a separate docket of liquor
license proceedings. It was frequently kept, however, as a matter of convenience. In
counties without a separate Liquor License Docket, a record of these matters may
be found in Quarter Sessions Docket (Civil) or in Minute Book.
1,9 These are seldom kept separately, but may be found in Quarter Sessions Papers
(Civil).
180 1887 P. L. 173 sec. 2.
181 These records, where they exist, are usually found in Quarter Sessions Papers
(Civil) .
188 1724, IV St. at L. 3 sec. 1 sup. 1781, 2 Sm.L. 11; 1781, X St. at L. 288 sec. 2
(obsolete) .
188 These bonds are usually found in Quarter Sessions Papers (Civil).
181 1830 P. L. 147 sec. 1.
18“ Few traces of these matters remain today, and where they are found the records
are usually filed in Quarter Sessions Papers (Civil).
180 1877 P. L. 42 sec. 4 am. 1897 P. L. 257 rep. 1911 P. L. 639 sec. 14.
I8, These are seldom found as a separate record, but may be kept in Quarter Ses-
sions Papers (Civil).
254
COUNTY GOVERNMENT
of those who were found guilty of violations. The papers concerning these
matters consist of applications for licenses and petitions for the revocation
of licenses already granted.188
Lists of Merchants, 1830-46.189
These lists of wholesale and retail merchants were sent to the clerk of
courts during the period before the establishment of the office of mercantile
appraiser was provided for. The lists for the period 1830-41 contained the
names of all vendors of foreign merchandise, but after 1841 all merchants
of the county, except auctioneers and tavernkeepers, were listed.190
Stallion Certificates, 1893-1911. 191 Title varies: Stallion Register;
Stallion.
These are applications for stallion licenses. They are certificates which
show the name and age of the stallion, date foaled, record number, descrip-
tion and pedigree, owner’s name and address, date when certificate was
made, and signature of the clerk of courts.192
Stallion Register.
This is a list of all stallions granted licenses. The information contained
is similar to that in Stallion Certificates.193
Motor Vehicle Affidavits, 1919-23. Title varies: Motor Vehicles
Transfers; Registration of Second-Hand Auto Cars.
These affidavits relate to second-hand automobiles sold or transferred
within the various townships of the county. The information contained
includes the names and addresses of the vendor and vendee, vendee’s occu-
pation, make of car, engine and county registration numbers, date of sale,
and signatures of vendor and vendee.194
““ 1909 P. L. 518 No. 200 secs. 1, 7 rep. 1913 P. L. 429 sec. 8.
189 These lists are seldom found today.
100 1830 P. L. 387 sec. 2 supp. 1841 P. L. 310 sec. 10 rep. 1899 P. L. 184 sec. 1 but
sup. 1845 P. L. 533 sec. 8 extended to all counties 1846 P. L. 486 sec. 12.
191 In a number of counties the clerk of courts has continued to keep these records,
even though he is no longer required to do so.
192 1893 P. L. 37 sec. 1 rep. by either 1907 P. L. 114 or 1911 P. L. 631. More recent
records may be found in the prothonotary’s office.
193 This is not a required record, but has frequently been kept.
191 1919 P. L. 702 secs. 2, 3 rep. 1923 P. L. 425 sec. 19.
CLERK OF COURTS
255
RECORDS OF CORONER’S INQUESTS
Reports of Coroner’s Inquests, 1917 — . Title varies: Autopsy;
Coroner.195
These reports of every inquest held by the coroner show the name and
address of the deceased person ; date, place, and cause of death ; date of
inquest; names of witnesses and jurors; costs; and coroner’s signature.196
ACCOUNTS
Account Book, 1810 — . Title varies: Journal; Charge Book.
This is an itemized account of all fees received by the clerk of courts. It
shows the date, court term and case number, name of payee, the service
rendered, and fee chargeable.197
Record of Court Costs. Title varies: Sessions Docket; Tax Book;
Delinquent Costs.
A record of county and Commonwealth costs on cases tried in quarter
sessions court is here found. The information included consists of the
court term and case number; names of parties, judge, and witnesses;
charge ; dates of verdict and sentence ; an itemized bill of costs ; and date
audited.198
MISCELLANEOUS
Receipts for Borrowed Papers. Title varies: File Receipt Book.
These are receipts for papers borrowed from the office of the clerk by
attorneys and others. It shows the name of the paper borrowed, date when
borrowed, court term and case number, borrower’s signature, and date
when paper was returned.199
Tax Collectors’ Annual Reports, 1937 — .
These are the annual reports filed with the clerk by every tax collector in
‘““These records may be found in Quarter Sessions Papers (Criminal). Notes of
testimony and correspondence are sometimes included with these papers.
18“ 1917 P. L. 240 No. 132 sec. 2.
1810 P. L. 79 sec. 1; 1868 P. L. 3 sec. 8 par. 7 am. 1901 P. L. 175 sup. counties
of over 150,000 population by 1876 P. L. 13 sec. 2; 1874 P. L. 125 sec. 1 am. 1909
P. L. 77 further am. 1921 P. L. 69 further am. 1937 P. L. 2786 (applies to counties
under 150,000) ; 1923 P. L. 944 sec. 7 am. 1927 P. L. 128 No. 100 (applies to sixth-
class counties.
109 This record is often incorporated into Account Book.
1 ™ These receipts are not found in every county. In a number of counties the keep-
ing of such a record is required by the rules of court.
256
COUNTY GOVERNMENT
the county. Each of these reports, which cover the previous calendar year,
shows the total number of persons taxed, the total amount of taxes levied,
the amount of current and delinquent taxes collected, and the amount of
money handled by the tax collector as treasurer of a municipality, if he
holds both offices. The tax collector must also state the amount of money
which he has received as compensation for his services. This includes his
salary as tax collector, his salary as municipal treasurer, and his commis-
sions. He also gives an itemized list of the expenses which he has incurred
in the performance of his duties.200
Accounts of County Officers, 1732-91.201
Prior to the appointment of regular county auditors in 1791, 202 the accounts
of the county commissioners, the assessors, and the treasurer, were filed
with the clerk after they were examined by the court of quarter sessions
and the grand jury.203
Miscellaneous Petitions.204
The miscellaneous petitions filed with the clerk of courts include petitions
for the “commitment, restraint, care and treatment of alcohol or drug
addicts” from 1903 until 1923, 205 requests for the erection or completion
of a soldiers’ monument,206 and petitions to form county sewer districts.207
Tax List, 1S07 — ,208
These are copies of the assessors’ enumerations of the taxable inhabitants
of the county. The information found includes the date; name of civil
200 1937 P. L. 2797.
201 These records are seldom found today. They may be found in Quarter Sessions
Papers (Civil).
202 1791, 3 Sm.L. 15 sec. 1.
203 1732, IV St. at L. 234 sec. 2.
21,4 These petitions are not found in every county. In some counties they are kept
in Quarter Sessions Papers (Civil). In other counties they are filed separately ac-
cording to the type of petition.
205 1903 P. L. 211 am. 1907 P. L. 288 further am. 1921 P. L. 973 rep. 1923 P. L. 998
sec. 704. (Since 1923 such petitions go to the court of common pleas.)
200 1895 P. L. 96 sec. 1 am. 1901 P. L. 184 further am. 1903 P. L. 136 further am.
1911 P. L. 53 No. 43 further am. 1915 P. L. 487; 1907 P. L. 148 (applied to counties
of more than 150,000 population) ; 1911 P. L. 834 No. 352. All of these acts were
rep. 1929 P. L. 1278 sec. 1051 but reen. as am. in sec. 592.
207 1915 P. L. 852 sec. 2 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 1002-3.
208 These lists are found in very few counties and only for short periods of time.
CLERK OF COURTS
257
division ; name, address, and occupation of taxpayer ; assessed valuation of
his property; and signature of the assessor.209
Lists of Slave-Owners, 1780-88 and after.-10
These are lists of all persons in the county who own slaves.211 Each list
shows the owner’s name, and name, age, sex, and length of required servi-
tude for each slave in his possession.212
Inheritance Tax Valuation, 1826-49.213
These are the assessor’s valuations of the property of all persons who died.
They were prepared to help in ascertaining the amount of inheritance
tax due.214
Report to Secretary of Welfare, 1847—. Title varies: State Re-
ports.215
Copies of the clerk’s annual report to the Department of Welfare are some-
times kept on file. This report relates to all the criminal business of the
court of quarter sessions and oyer and terminer during the preceding year.
It shows the number of bills laid before the grand jury, number of true
bills, number returned ignoramus, and the number of presentments. The
report also cites the number of bills which were tried before the court, and
the number of resultant acquittals, convictions, and nolle prosequis. Other
information found in the report includes the type of ofifenses which came
before the court, and the number and amount of forfeited recognizances.210
Grand Jury Reports.
In this record are the reports of the grand jury to the court of quarter ses-
sions. Each shows the court term and case number; names of defendant,
prosecutor, and witnesses; and findings of the jury.217
Correspondence.
On file here is the correspondence pertaining to the work of this office.2
209 1807 P. L. 100 sec. 3; 1814 P. L. 60 ch. XXXVII sec. 3; 1821 P. L. 4, 7 Sm.L.
341 sec. 3.
210 These records are for the whole period during which the emancipation of slaves
was taking place.
211 These are seldom found as separate records today.
2,2 1780, 1 Sm.L. 491 sec. 5; 1788, 2 Sm.L. 443 sec. 4.
213 These records are seldom found today.
J“ 1826 P. L. 227 sec. 3 rep. 1849 P. L. 570 sec. 12.
215 Only a few clerks of courts have kept copies of these reports.
2,6 1847 P. L. 172 sec. 2.
21 ' These reports are usually found in Quarter Sessions Papers (Criminal).
■'s There is no requirement that correspondence be preserved, but it is frequently
kept on file.
VIII
REGISTER OF WILLS
Evolution and Structural Organization. The origin of the office of reg-
ister of wills is not definitely shown in the early laws of Pennsylvania.
Among the Laws Agreed upon in England, however, is a stipulation that
a register of marriages be kept in the office of “the proper register of the
county.” 1 A statute of 1683 prescribed the duties of “the register” as
registering births, deaths, marriages, bond servants, wills, and letters of
administration, and writing marriage certificates on parchment.2 After
1684 this officer maintained a record of all freemen entering the county
as well as of servants.3 By 1700 an officer known as the Register General,
with the same status as the register, was in existence.4 A law of 1701 pro-
vided that “the Register General or his deputy” aid the justices of the
county court when they sit as an orphans’ court.5 * None of these statutes
indicates how the officers in question were chosen or how long they re-
mained in office.
After 1706 definite provisions were made that the Governor commis-
sion a Register General “for the probate of wills and granting letters of
administration.” He kept his office in Philadelphia and from time to time
appointed “a sufficient deputy to act in each county.” 8 This system con-
tinued in effect until the constitution of 1776 was adopted and provided
that “a register’s office for the probate of wills and granting letters of
administration . . . shall be kept in each county and city ; the officers to
be appointed by the General Assembly, removable at their pleasure and
to be commissioned by the President in Council.” 7 A law of the following
year corroborated this provision and abolished the office of Register Gen-
1 Laws Agreed upon in England, 1682, in Charter to William Penn, p. 101 ; Laws
of the Assembly, 1684, in Charter to William Penn, p. 171. Duke of York’s Book of
Laws, 1676, in Charter to William Penn, p. 13 provided that each town clerk keep
vital statistics records.
2 Laws of the Assembly, 1683, in Charter to William Penn, p. 149.
8 Laws of the Assembly, 1684, in Charter to William Penn, p. 170.
4 1700, II St. at L. 137 ch. CIII.
5 1701, II St. at L. 148 sec. 8.
8 1705-6, II St. at L. 194 sec. 6; 1712, II St. at L. 421.
1 Const, of 1776, ch. II, sec. 34.
258
REGISTER OF WILLS
259
eral.s The Constitution of 1790 made this officer an appointee of the Gov-
ernor;11 and the Constitution of 1838 provided for his triennial election.10
Since 1909 his tenure, like that of all elected county officials, has been set
at 4 years.11
During the years before the Revolution the Register General often ap-
pointed the prothonotary to act as his deputy. After 1777 the various
clerical offices were usually combined under one or two men and for some
years the register also served as recorder of deeds.12 The Constitution
of 1838 stipulated that the legislature should determine how the five
clerical offices be held in each county.13 This resulted in a law of 1839 14
which is still effective in counties not covered by more recent require-
ments,15 such as the constitutional provision that in a county with a separate
orphans’ court, the register of wills must be clerk of orphans' court.10
The General County Law of 1929 has set up an arrangement of the
clerical offices uniform for each county of the same class. It may be ac-
cepted in any county for which the court of common pleas decides favor-
ably; and provides that the register of wills act as clerk of orphans’ court
in third, fourth, and fifth-class counties. In sixth and seventh-class coun-
ties the office of register may be combined with the recorder as well as the
clerk of orphans’ court, and in eighth-class counties the register may also
be clerk of all the courts and recorder of deeds.17
Like all county officers the register of wills must be a citizen and a
resident of the county for at least one year prior to assuming office.13
Vacancies are filled by the Governor until a successor is chosen in the
first municipal election taking place 2 or more months after the occurrence
of the vacancy.19 The register may not at the same time act as county
8 1777, IX St. at L. 68 secs. 1, 6 rep. 1917 P. L. 415 sec. 26 as far as it relates to
registers of wills; 1785, XI St. at L. 556 sec. 1.
"Const, of 1790, art. V, sec. 11.
10 Const, of 1838, art. V, sec. 10, art. VI, sec. 3.
u Const., art. XIV, sec. 1 ; Const., art. XIV, sec. 2 as am. 1909; 1929 P. L. 1278 sec.
220.
12 1777, IX St. at L. 68 sec. 1.
13 Const, of 1838, art. VI, sec. 3.
14 1839 P. L. 559 sec. 1.
16 1893 P. L. 462 No. 331; 1901 P. L. 271; 1901 P. L. 559 am. 1923 P. L. 155 rep.
1929 P. L. 1278 sec. 1051 but reen. in sec. 222; 1911 P. L. 583.
16 Const., art. V, sec. 22; 1917 P. L. 363 sec. 8.
17 1929 P. L. 1278 sec. 221 am. 1933 P. L. 930 No. 186.
“ Const., art. XIV, sec. 3.
19 1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1.
260
COUNTY GOVERNMENT
treasurer,20 nor may he serve as controller during his term of office or for
2 years thereafter.21 He is exempt from military service,22 and is not per-
mitted to practice as an attorney in orphans’ court.23
Before assuming office the register of wills must take an oath.24 A special
oath is required when presenting his accounting of money received for the
State.23 In addition, the register is obliged to give bond.26 At first his bond
was recorded in orphans’ court,27 but now it is placed on record by the
recorder of deeds who transmits it to the Secretary of the Commonwealth.26
In seventh and eighth-class counties the register is paid by fees ; 29 else-
where, he receives an annual salary which amounts to $4,000 in third 30
and fourth- 31 class counties, $5,000 in fifth-class counties,32 and $3,000 in
sixth-class counties.33
Powers and Duties. The register has jurisdiction over the probate of
wills and the granting of letters testamentary and of administration.34
The estates under his jurisdiction are those of decedents who resided within
the county or the bulk of whose estate is situated in the county.35 He has
1841 P. L. 400 sec. 3 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 142.
21 1895 P. L. 403 No. 288 sec. 2 and 1909 P. L. 434 No 242 sec. 2, both rep. 1929
P. L. 1278 sec. 1051 but reen. in sec. 132.
22 1887 P. L. 23 sec. 110 sup. 1899 P. L. 266 sec. 2.
” 1834 P. L. 333 sec. 75; 1929 P. L. 1278 sec. 223.
Const., art. VII, sec. 1; 1705-6, II St. at L. 267 sec. 2; 1777, IX St. at L. 68 sec.
2; 1832 P. L. 135 sec. 1 rep. 1917 P. L. 415 sec. 26 but reen. in sec. 1(a).
25 1830 P. L. 272 sec. 8.
20 1830 P. L. 272 sec. 9; 1917 P. L. 415 sec. 1 (b-1, 2) ; 1929 P. L. 1278 secs. 225, 232.
27 1917 P. L. 415 secs. 1 (b-1, 2) ; 1929 P. L. 1278 secs. 225, 232.
28 1712, II St. at L. 421 sec. 2; 1777, IX St. at L. 68 sec. 2; 1832 P. L. 135 sec. 1
rep. 1917 P. L. 415 sec. 26 but reen. in secs. 1 (b-1, 2).
2n 1868 P. L. 3 sec. 7 am. 1901 P. L. 175 sec. 1 does not apply to Allegheny, Lan-
caster, Montgomery, Beaver, and Washington counties, but was extended to Mont-
gomery by 1873 P. L. 641 and to Lancaster by 1899 P. L. 246. If the register collects
more than $4,000 in any one year, 50 percent of the excess goes to the county treasurer
for the use of the State, 1874 P. L. 125 sec. 1 am. 1909 P. L. 77 further am. 1921
P. L. 69 further am. 1937 P. L. 2786; Comm. v. Conway, 72 Pa. C. C. 630, 2 Dist.
429 (1893).
30 1876 P. L. 13 sec. 13 am. 1881 P. L. 21 further am. 1887 P. L. 301 further am.
1901 P. L. 641.
31 1876 P. L. 13 sec. 14 am. 1895 P. L. 424.
32 1923 P. L. 1054 sec. 11 am. 1925 P. L. 380.
33 1923 P. L. 944 No. 375 sec. 1 am. 1931 P. L. 560.
34 1705-6, II St. at L. 194 sec. 6; 1777, IX St. at L. 68 sec. 3; 1795, XV St. at L. 359
sec. 2; 1832 P. L. 135 sec. 5 rep. 1917 P. L. 415 sec. 26 but reen. in secs. 3, 4, 6, 7.
35 1832 P. L. 135 sec. 6 rep. 1917 P. L. 447 sec. 63 but reen. as am. in sec. 2(a).
REGISTER OF WILLS
261
considerable discretion in selecting administrators.36 Moreover, the register
is permitted to revoke letters of administration which were granted to per-
sons not next of kin or which were given for the estate of a decedent
whose will is later found, proven, and admitted to probate.37 The register
grants letters in the case of presumed decedents, however, only on order
of the orphans’ court. 8S Upon granting letters he must take a bond from
all administrators 39 and from all executors who are not residents of the
Commonwealth.40 Exceptions to such bonds may be filed and the register
determines whether or not they shall be allowed.41 This officer is also em-
powered to administer oaths. He must do so to all persons to whom he
grants letters testimentary or of administration. 4-
Whenever a caveat is entered against the probate of a will or the grant-
ing of letters is disputed, the orphans’ court may direct the register to
certify the entire record to the court.43 In such proceedings a bond for the
payment of costs must be filed with the register 44 who determines the
amount of costs and by whom they shall be paid.45
The register may issue a citation to anyone in possession of a testamen-
tary writing, requiring its production for probate. If the person served
refuses to comply, the register must forward a record of the proceedings
to the orphans’ court.46 He may also issue citations to persons interested
M Simmons’ Estate, 3 Phila. 172 (1858) ; Brubaker’s Appeal, 98 Pa. 21 (1881).
1917 P. L. 415 sec. 5; 1917 P. L. 447 sec. 6(b) ; Thomas’s Appeal, 57 Pa. 356
(1868).
38 1917 P. L. 447 sec. 6(a).
3B 1712-13, III St. at L. 14 sec. 1 rep. 1917 P. L. 363 sec. 34; 1794, XV St. at L.
80 sec. 1 rep. 1917 P. L. 447 sec. 63; 1832 P. L. 135 sec. 24 rep. 1917 P. L. 447 sec.
63 but reen. in sec. 8(a)
41 1832 P. L. 135 sec. 16 rep. 1917 P. L. 447 sec. 63 but reen. in sec. 8(c).
41 1917 P. L. 447 sec. 8(f).
u 1712, II St. at L. 421; 1777, IX St. at L. 68 sec. 3; 1795, XV St. at L. 359 sec.
2 ; 1832 P. L. 135 sec. 14 rep. 1917 P. L. 447 sec. 63 but reen. in sec. 7.
44 1712, II St. at L. 421 sec. 3 provided that the register call to his aid two or more
justices to help him in settling these matters; 1832 P. L. 135 sec. 12 rep. 1917 P. L.
415 sec. 26 but reen. in secs. 18, 19 (the act of 1832 gave the jurisdiction over these
cases to the register’s court which was abolished by Const., art. V, sec. 22. Its duties
were transferred to the orphans’ court) ; 1917 P. L. 363 sec. 21(d) added 1937 P. L.
2665 am. 1939 P. L. 94.
1887 P. L. 359 No. 246 rep. 1917 P. L. 415 sec. 26 but reen. in sec. 20(a, b).
45 1917 P. L. 415 sec. 20(c).
1832 P. L. 135 sec. 7 rep. 1917 P. L. 415 sec. 26 but reen. in sec. 8.
262
COUNTY GOVERNMENT
in the estate of a presumed decedent to show cause why an alleged will
should not be probated.47 In probate proceedings the register has the power
to subpoena witnesses and issue attachments to compel appearance, to issue
rules, and to take depositions of witnesses outside the county.48
The register is the agent of the Commonwealth for the collection of
taxes from decedents’ estates 40 and in this capacity must give bond.50 He
must make all reports, forward all duplicate receipts issued to fiduciaries,
and make monthly returns to the Department of Revenue, paying the taxes
collected into the State Treasury.51 Whenever any collateral inheritance
tax is paid to the State erroneously, the register makes application for a
refund.52 Before 1927 he appointed appraisers to evaluate estates subject to
transfer inheritance taxes,53 but the Auditor General now has supervision
over such appraisements.54 The register, however, still records returns of
the appraisers and transmits a monthly statement of them to the Depart-
ment of Revenue.55
A fiduciary in possession of property subject to the inheritance tax must
file an inventory with the register. If it is not filed within a specified time,
the register cites the fiduciary to do so. He applies to the orphans’ court to
enforce payment of taxes remaining unpaid 1 year after death of the de-
cedent. In securing information on the collection of taxes, the register has
the power to issue subpoenas to compel production of evidence and the
appearance of witnesses, and to administer oaths.56 Overseers of real estate
47 1887 P. L. 155 No. 122 am. 1915 P. L. 689 No. 315 rep. 1917 P. L. 447 sec. 63 but
reen. in sec. 6(c).
48 1832 P. L. 135 secs. 8, 9 rep. 1917 P. L. 415 sec. 26 but reen. in secs. 9, 10.
49 1826 P. L. 227 sec. 2; 1849 P. L. 570 sec. 16 sup. 1887 P. L. 79 sec. 16 am. 1891
P. L. 59 rep. 1919 P. L. 521 sec. 47 but reen. in sec. 21 am. 1937 P. L. 1597 sec. 1.
50 1841 P. L. 99 sec. 4 sup. 1887 P. L. 79 sec. 16 am. 1891 P. L. 59 rep. 1919 P. L.
521 sec. 47 but reen. in sec. 21 am. 1937 P. L. 1597 sec. 1 ; 1919 P. L. 521 sec. 22.
61 1844 P. L. 564 sec. 3 sup. 1887 P. L. 79 sec. 9 rep. 1919 P. L. 521 sec. 47 ; 1850
P. L. 170 sup. 1887 P. L. 79 sec. 19 rep. 1919 P. L. 521 sec. 47 but reen. in sec. 23;
1929 P. L. 343 sec. 608.
“1878 P. L. 206 am. 1901 P. L. 59 No. 25 sup. 1919 P. L. 521 sec. 40.
“ 1849 P. L. 570 sec. 12 am. 1850 P. L. 170 sec. 2 sup. 1887 P. L. 79 sec. 12 rep.
1919 P. L. 521 sec. 47 but reen. in sec. 10; 1895 P. L. 325 sec. 2 sup. 1919 P. L. 521
sec. 12; Johnston’s Estate, 11 York 4 (1897).
64 1927 P. L. 727 ; 1929 P. L. 343 sec. 1202 am. 1931 P. L. 318 sec. 1 further am.
1935 P. L. 1029 sec. 2.
“1919 P. L. 521 sec. 14 am. 1923 P. L. 1078 sec. 2; 1929 P. L. 343 sec. 724.
68 1841 P.L. 99 secs. 1, 2 and 1849 P.L. 570 sec. 15 sup. 1887 P.L. 79 secs. 8, 15 rep.
1919 P.L. 521 sec. 47 but reen. in sec. 15 am. 1923 P.L. 1078 sec. 3.
REGISTER OF WILLS
263
inherited from a resident decedent must make a return to the register
within 1 year after death of the decedent and give security for the pay-
ment of the inheritance tax.57
Since 1777 every register of wills has been required to appoint a deputy
who is permitted to perform any of the duties of the register.58 The salary
of the deputy is fixed by the salary board or by the register if there is no
salary board.59 In fifth-class counties the register is also entitled to appoint
a solicitor, who advises him on all legal matters submitted to him and con-
ducts litigation for the register when the latter requests it.60
At various dates prior to 1937 the register had certain responsibilities at
election time. Whenever the judges were prevented or disqualified from
acting on the return board, the register, along with certain other county
officers, took their places.01
Since 1927 the registers of all counties in Pennsylvania have been per-
mitted to organize into the State Association of Registers of Wills. The
register of every county may attend the annual meetings or send his deputy
or another person to represent him. The expenses of attendance are paid
by the county, but must not exceed the amount fixed by law.62
Provision has always been made for the taking to a higher body of ap-
peals from the decisions of the register.03 Until 1874 they were made to
the register’s court,04 but since that time they have been taken to the
orphans’ court.65
57 1919 P.L. 521 sec. 3.
54 1777, IX St. at L. 68 sec. 5 am. 1832 P.L. 135 sec. 4 rep. 1917 P.L. 415 sec. 26 but
reen. in sec. 2; 1847 P.L. 43 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 233; 1923
P.L. 944 sec. 3 applies only to sixth-class counties; 1929 P.L. 1278 sec. 59 am. 1931
P.L. 401 sec. 1.
69 1929 P.L. 1278 sec. 224 am. 1931 P.L. 401 sec. 1 further am. 1933 P.L. 952; 1923
P.L. 944 sec. 5 am. 1933 P.L. 250 No. 88 applies only to sixth-class counties.
eo 1929 P.L. 1278 sec. 233.1 added 1931 P.L. 401 sec. 7.
61 1799, 3 Sm.L. 340 sec. 13 rep. 1839 P.L. 519 sec. 174; 1874 P.L. 31 sec. 13 am.
1899 P.L. 127 further am. 1909 P.L. 425 further am. 1923 P.L. 267 No. 171 further
am. 1925 P.L. 103 rep. 1937 P.L. 1333 sec. 1901.
1927 P.L. 380 No. 245 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 95, 96.
MAt first the high court of errors and appeals had the right of final decision, 1780,
X St. at L. 52 secs. 1, 3.
1,4 A register's court was provided for in the Const, of 1790, art. V, sec. 7 and the
Const, of 1838, art. V, secs. 1, 7 but abolished in Const., art. V, sec. 22, which trans-
ferred its jurisdiction to the orphans’ court.
65 1832 P.L. 135 sec. 31 rep. 1917 P.L. 415 sec. 26 but reen. as am. in sec. 21(a) ;
1917 P.L. 363 sec. 9(m), 21(a).
264
COUNTY GOVERNMENT
Records. Records of the register of wills are described below :
WILLS AND ADMINISTRATION
Wills, dates from the establishment of the county. Title varies:
Estates ; Wills and Administration ; Bonds ; Bonds and Wills ; Reg-
isters File.
This file contains original wills entered for probate in the county 88 and
certified copies of wills probated elsewhere which relate to real estate
located in the county.87 The information shown consists of the will num-
ber, decedent’s name, date of death, date will was made, disposition of real
and personal property, names of beneficiaries and fiduciaries, date of pro-
bate, and volume and page in the Will Book where will is recorded.88
Unfiled Wills. Title varies: Wills Not Compared; Wills; Original
Wills not Recorded.
The wills found here are of several types. Some have been probated, but
are waiting to be recorded, others have been recorded, but are not yet
proofread. Both of these types will eventually be placed in the file known
as Wills. In other cases wills of deceased persons having no estate are
filed separately.69
Will Book, dates from the establishment of the county. Title varies :
Wills.
In these volumes are recorded copies of all wills filed in the record known
as Wills. The information contained is the same as that found in Wills.70
Index to Will Book, dates from the establishment of the county.
Title varies: Index of Wills; Register’s Docket — Will Book — In-
dex; Decedents’ Index; Wills and Administration Index.
This Index to the Will Book usually gives the name of the deceased, last
residence, date of death, number of will, and the volume and page where
will is recorded.71
1832 P.L. 135 sec. 17 rep. 1917 P.L. 415 sec. 26 but reen. in sec. 11.
67 1832 P.L. 135 sec. 12 and 1889 P.L. 48 No. 49, both rep. 1917 P.L. 415 sec. 26
but reen. in sec. 15.
68 Every will placed here must remain on file at all times except when it is required
by a higher court for use in litigation.
69 These papers are not found in every county, and where they are found they differ
greatly from county to county.
711 1832 P.L. 135 sec. 17 rep. 1917 P.L. 415 sec. 26 but reen. in sec. 11.
1 In some counties' other papers and records are indexed together with wills in a
single index.
REGISTER OF WILLS
265
Executors’ and Administrators’ Papers, dates from the establish-
ment of the county. Title varies: Affidavits of Death; Administra-
tions; Applications for Letters and Testamentary. 7J
Before letters testamentary or letters of administration are granted by the
register, the persons applying for such letters must present a petition veri-
fied by affidavit. This petition shows the residence and citizenship of the
decedent ; place, date, and hour of death ; estimated value of property, both
real and personal ; and location of all real estate owned by decedent. In
case of intestacy the petition includes names and addresses of the surviving
spouse and next of kin.73 A nonresident of the county may not be appointed
executor, administrator, guardian, or trustee unless he files with the reg-
ister 74 an appointment in writing of a resident of the county upon whom
the service of processes and notices may be made.75
Recorded Executors’ and Administrators’ Papers, may date from
the origin of the county. Title varies : Letters of Administration,
Petition; Letters Testamentary; Petition; Proof of Death Records.
In a few counties the Executors’ and Administrators’ Papers have been
recorded, either together in a single record, or separately according to the
type of paper.58
Renunciations, may date from the establishment of the county.
These are renunciations by fiduciaries of the right to administer estates.
They show date, will number, decedent’s name, reason for renunciation,
and signatures of fiduciary and witnesses.77
Executors’ and Administrators’ Bonds, dates from the establishment
of the county. Title varies: Collateral Bonds; Foreign Executors’
Bonds; Bond Books; Wills and Administration Bonds.78
Filed here are bonds of all administrators 79 and of all executors who are
73 In some counties these records are attached to the wills to which they relate.
'3 1874 P.L. 194 secs. 1, 2 rep. 1917 P.L. 447 sec. 63 but reen. as am. in sec. 2(d)
am. 1921 P.L. 51 further am. 1937 P.L. 2755 further am. 1939 P.L. 290.
14 This may he filed either with the register or the clerk of orphans’ court.
75 1917 P.L. 447 sec. 57(a).
,s The recording of these papers is not obligatory and therefore this record is seldom
found.
77 Renunciations are usually found in Executors’ and Administrators’ Papers. In
some counties they are recorded in a Release Book.
78 These bonds are often filed with the wills to which they relate.
73 1712-13, III St. at L. 14 sec. 1 rep. 1917 P.L. 363 sec. 34; 1794, XV St. at L. 80
sec. 1 rep. 1917 P.L. 447 sec. 63; 1832 P.L. 135 sec. 24 rep. 1917 P.L. 447 sec. 63 but
reen. in sec. 8(a).
266
COUNTY GOVERNMENT
not residents of Pennsylvania.80 The information contained in each book
includes dates of bond and filing; names of decedent, administrator or
executor, and surety; amount of bond; conditions of obligation; signatures
of witnesses, surety, and executor or administrator ; and volume and page
where bond is recorded.
Record of Bonds Filed, may date from the establishment of the
county. Title varies : Administrators’ Bond Book ; Wills and Bonds.
In this book are recorded the bonds filed in Executors’ and Administrators’
Bonds. The information contained is the same.81
Commissions, 1917 — .82
The register of any county may deputize and commission the register of
another county to take necessary affidavits of witnesses to a will. A copy
of this commission must be kept on file by the register of the county where
the will is offered for proof.83
Register’s Court Docket, 1832-74.84
This is a record of proceedings in the old register’s court, showing names
of decedent and parties, a transcribed record of the testimony, and disposi-
tion of case.85
Registers’ Docket. Title varies : Estate Docket ; Registers’ Court
Docket. S6
This is a record of proceedings in the granting of letters testamentary and
of administration. It shows names of decedent, beneficiaries, fiduciaries,
and attorneys; date and place of death; date of granting letters; to whom
granted ; and date of probate of will.87
INVENTORIES AND APPRAISEMENTS
Inventories and Appraisements, date from the establishment of the
county.
These are inventories and appraisements of decedents’ estates, showing
8,1 1832 PL. 135 sec. 16 rep. 1917 P. L. 447 sec. 63 but reen. in sec. 8(c).
81 These bonds have not always been recorded. In some counties they are found in
the Register’s Docket.
82 These commissions may be found with the wills to which they pertain.
83 1917 P.L. 803 No. 306.
8‘ This record has not been preserved in every county. Earlier records may be found
in some counties.
85 1832 P.L. 135 sec. 39 rep. by Const., art. V, sec. 22.
88 This is not the same as the record above entitled Register’s Court Docket.
87 This record is not found in every county.
REGISTER OF WILLS
267
estate number, decedent’s name and address, an itemized list of his prop-
erty, appraised value, oath and signature of appraiser, and date filed.88
Recorded Inventories and Appraisements, dates from the establish-
ment of the county. Title varies: Inventory and Appraisements;
General Inventories Decedents’ Estates.
These are recorded copies of Inventories and Appraisements and contains
the same information.89
Index to Recorded Inventories and Appraisements, dates from the
establishment of the county.90
This index shows name of decedent, estate number, and volume and page
where inventory and appraisement is recorded.01
Fiduciaries’ Accounts, recent dates.92
These accounts of fiduciaries show date filed, names of fiduciaries and
decedent, amount realized from sale of estate, itemized list of expenses,
total expenses, balance on hand, fiduciary’s affidavit guaranteeing the cor-
rectness of account, and signatures of fiduciary and register.93
Registers’ Record Book, 1844 — ,n4
This book contains the name of every decedent, time of granting letters
testamentary or of administration, amount of administrator’s bond, names
of his sureties, date when appraisement was filed, date of settlement of
executor’s or administrator’s accounts, amount of debits and credits, and
balance and to whom it is due.95
89 Original inventories and appraisements are not kept in every county.
89 1832 P.L. 135 sec. 15 rep. 1917 P.L. 447 sec. 63; 1885 P.L. 155 No. 121 sec. 1 rep.
1917 P.L. 415 sec. 26 but reen. in sec. 13.
1,0 These are not always indexed separately. Sometimes the index is a part of the
record book itself, and in other cases one index has been made for a number of records
of the register of wills.
91 1832 P.L. 135 sec. 15 rep. 1917 P.L. 447 sec. 63; 1885 P.L. 155 No. 121 sec. 1 rep.
1917 P.L. 415 sec. 26 but reen. in sec. 13.
82 Accounts of recent dates only are found because the register transmits fiduciaries’
accounts to the orphans’ court, where they are filed by the clerk. In many counties
no accounts of fiduciaries are actually found.
“ 1797, XV St. at L. 543 and 1823 P.L. 286 sec. 1, both rep. 1917 P.L. 447 sec. 63
but reen. in sec. 46(d) ; 1832 P.L. 135 secs. 5, 30 rep. 1917 P.L. 415 sec. 26; 1863 P.L.
341 sec. 1 rep. 1917 P.L. 337 sec. 45; 1917 P.L. 447 sec. 46(a); Witman’s Appeal,
28 Pa. 376 (1857).
81 This record is not found in every county, for it is required only in Mercer and
Washington Counties. The orphans’ court of any other county may order such a book
kept, but in such counties deciding to keep it, it does not always reach back to 1844.
85 1844 P.L. 527.
268
COUNTY GOVERNMENT
INHERITANCE TAXES
Record of Inheritance Tax Appraisements, 1826 — .
These are recorded copies of appraisements of decedents’ estates for the
collateral inheritance tax. The information includes the estate number, de-
cedent's name and address, location and description of decedent’s real and
personal property, itemized list of chattels and their appraised valuation,
total value, name and oath of appraiser, and dates of appraisement and re-
cording/'6
Index to Record of Inheritance Tax Appraisements.
In this record are indexed inheritance tax appraisals which have been re-
corded by the register. It shows name of decedent, estate number, and
volume and page where appraisal is recorded.97
Inheritance Tax Docket, 1S26 — .
A record of inheritance taxes due and paid on decedents’ estates, showing
name and address of decedent ; date of death ; date and character of letters
granted ; names of fiduciaries, attorneys, and appraisers ; appraised value
of estate; amounts subject to taxation; any deductions, abatements, or
penalties ; dates and amounts of payments, and estate number.98
Tax Due Index.
A record of inheritance taxes due, showing name and last residence of de-
cedent, date of death, name and address of executor or administrator,
amount of estate, and volume and page of its recording in the Inheritance
Tax Docket.99
Inheritance Tax Receipts Stubs.
The receipt stubs of inheritance taxes paid are found here. Each stub
shows the date, name and last address of decedent, appraised value of
estate, amounts subject to taxation, deductions, and amount paid.100
Appraisers’ Expenses, Receipt Stubs, various dates prior to 1927. 101
These are the stubs of the receipts for expenses paid to inheritance tax ap-
08 1826 P.L. 227 sec. 2; 1849 P.L. 570 sec. 15 and 1855 P.L. 425 sec. 3 both sup.
1887 P.L. 79 sec. 14 rep. 1919 P.L. 521 sec. 47 but reen. in sec. 14 am. 1923 P. L.
1078 sec. 2.
97 These appraisements have not been indexed in every county.
03 This docket is kept so that the register will have the information which he needs
for the reports which he must make to the Department of Revenue, 1844 P.L. 564 sec.
3 sup. 1887 P.L. 79 sec. 9 rep. 1919 P.L. 521 sec. 47; 1850 P.L. 170 sec. 4 sup. 1887
P.L. 79 sec. 19 rep. 1919 P.L. 521 sec. 47 but reen. in sec. 23; 1929 P.L. 343 sec. 608.
99 In a few counties this record is kept as a matter of convenience.
100 These stubs are not kept on file in every county.
101 After 1927 these appraisers were State employees, 1927 P.L. 727.
REGISTER OF WILLS
269
praisers. The information contained includes date; stub number; names
of decedent, appraiser, and register ; location of estate ; days of service by
appraiser; rate per day; travel expenses; amounts; totals; and date paid.10-
Register’s Monthly Reports, 1844 — ,103
In a few counties the register has kept duplicate copies of his monthly
reports to the State of inheritance taxes collected. Each report gives the
following information : date, amount of tax, name of estate, amounts of
other State taxes collected, total collected, deductions, amount of return,
and register’s signature.104
VITAL STATISTICS
Marriage Register, 1852-55. 105
This record shows all marriages performed within the county. The in-
formation contained for each marriage is as follows : names of parties and
their parents ; occupation, birthplace, and residence of husband ; time when
the marriage was contracted ; name and location of district where marriage
ceremony was performed ; names of person performing ceremony and wit-
nesses to it; dates of certificate and registration; and signature of register
or deputy.108
Birth Register, 1852-55.
This is a record of all births occurring in the county, showing name, sex,
color, birth date and birthplace of child; parents’ names and place of resi-
dence; father's occupation; and date recorded.107
Death Register, 1852-55.
All deaths occurring in the county are here recorded. This record shows
name, color, sex, age, occupation, and marital status of the deceased, dates
and places of birth, death, and interment, his father’s name ; his mother’s
name, if he was a minor; duration of last illness; cause of death, and date
recorded.108
102 These stubs are not kept in every county.
The keeping of these reports is not obligatory. They will probably never be found
for the entire period since 1844.
101 1844 P.L. 564 sec. 3 sup. 1887 P.L. 79 sec. 9 rep. 1919 P.L. 521 sec. 47: 1850 P.L.
I/O sec. 4 sup. 1887 P.L. 79 sec. 19 rep. 1919 P.L. 521 sec. 47 but reen. in sec. 23;
1929 P.L. 343 sec. 608.
105 In many counties these old records have not been preserved.
,M 1852 P.L. 2 rep. 1855 P.L. 4.
,o: Ibid.
108 Ibid.
270
COUNTY GOVERNMENT
FINANCIAL TRANSACTIONS
Register’s Fee Book, 1810 — . Title varies: Day Books; Daily
Sheets.
This is an account of fees earned by the register of wills, showing names
of payer and estate, service rendered, amount of fee and State tax received,
and amount of fee due register from the county.109
MISCELLANEOUS
Personal Property Reports, 1935 — . Title varies : Copy of Inven-
tory and Appraisement Taxable as Personal Property by the Com-
monwealth.110
These are statements made by executors and administrators of all items
in their possession which may be subject to personal property tax. A copy
of this record is sent to the Department of Revenue.* * 111
Foreign Fiduciaries’ Affidavits, 1917—.
Before a fiduciary not residing in Pennsylvania may transfer, assign, or
receive dividends of any corporate body located in the Commonwealth and
before he may transfer, assign, or receive satisfaction on any mortgage on
Pennsylvania real estate, he must file an affidavit with the register that the
decedent is not indebted to anyone in Pennsylvania and that the proposed
action is not for the purpose of removing any of the decedent’s assets be-
yond the reach of any of the creditors in the Commonwealth.112
Register’s Minute Book, 1856-1917. 113
In this book the register showed all papers which were filed in his office,
all collateral inheritance taxes paid, and on what estate they were levied.114
Widows’ Elections, 191 1-17. 115
These are elections of a surviving spouse to take under or against a will.110
109 1810, 5 Sm.L. 105 secs. 1, 2 sup. 1830 P.L. 169 sec. 7 required an annual copy of
these accounts to be sent to the Auditor General ; 1868 P.L. 3 sec. 8 par. 7 am. 1901
P.L. 175 sup. for counties of more than 150,000 population by 1876 P.L. 13 sec. 2;
1874 P.L. 125 sec. 1 am. 1921 P.L. 69 further am. 1937 P.L. 2786 applies to counties
under 150,000 population.
uo These reports are kept either by the register of wills or the clerk of orphans’ court.
111 1935 P.L. 414 sec. 11.
1,2 1917 P.L. 447 sec. 58(c) am. 1925 P.L. 598 further am. 1927 P.L. 427 further am.
1929 P.L. 1235.
118 These minute books have been preserved in very few counties.
114 1856 P.L. 458 sec. 4 rep. 1917 P.L. 415 sec. 26
115 These papers are often filed with the wills to which they relate.
119 1911 P.L. 79 rep. 1917 P.L. 403 sec. 27 but reen. as am. in sec. 23. Since 1917
these papers have been filed with the clerk of orphans’ court rather than the register.
IX
Clerk of Orphans’ Court
Evolution and Structural Organisation. An orphans’ court, to be pre-
sided over by the regular justices of the county court, was established in
every county in 1683. It was to take care of “the estates, usage, and em-
ployment of orphans.” 1 Subsequent laws have continued to provide for
the orphans' court, the functions of which have been held as part of the
jurisdiction of the other courts.2 The Constitution of 1874 gives the Gen-
eral Assembly the power to create in any county a separate orphans’ court
with one or more judges of its own. In any county with more than 150,000
inhabitants the General Assembly must establish such a distinct orphans’
court.3 4 An act of 1874 set up a separate orphans’ court in Philadelphia,
Allegheny, and Luzerne counties,* and subsequent laws have established
them in Berks,5 * Schuylkill,8 Westmoreland,7 Montgomery,8 Lancaster,9
Lackawanna,10 Fayette,11 Cambria,12 Washington,13 Delaware,14 Erie,15
Lehigh,16 York,17 and Dauphin 18 counties.
1 Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 131 ch.
LXXVII ; The Petition of Right, June 1, 1693, in Charter to William Penn, p. 205 ch.
XLII.
2 1700, II St. at L. 81 ch. LXIII rep. 1701, II St. at L. 142 but reen. 1701, II St. at
L. 148 sec. 8 sup. 1712-13, III St. at L. 14 rep. 1917 P. L. 363 sec. 24; 1806 P. L.
334 sec. 23 sup. 1832 P.L. 190 secs. 1, 3 rep. 1917 P.L. 363 sec. 24 but reen. as am. in
sec. 1 ; 1874 P.L. 206 sec. 2 rep. 1917 P.L. 363 sec. 24 but reen. as am. in sec. 1.
3 Const., art. V, sec. 22.
4 1874 P.L. 206 sec. 2.
3 1883 P.L. 97.
‘ 1895 P.L. 31.
7 1901 P.L. 71 No. 41.
* 1901 P.L. 17.
* 1901 P.L. 655.
10 1901 P.L. 657.
11 1907 P.L. 260.
12 1919 P.L. 372.
13 1919 P.L. 736.
“1921 P.L. 121.
14 1921 P.L. 1075.
10 1931 P.L. 931.
17 1937 P.L. 622.
73 1937 P.L. 972.
271
272
COUNT' GOVERNMENT
Despite the early origin of the orphans’ court, there was no definite
legislative sanction for the commissioning of a clerk for it until 1834. 10
Nevertheless, since the clerk of orphans' court is referred to in a number
of earlier laws,20 this officer must actually have existed as such prior to
1834. His duties, however, seem to have been performed by the prothono-
tary or the clerk of courts.
Originally clerks of all courts were selected by the Governor from nom-
inations made by the justices of the peace who made up those courts.21
The Constitution of 1790 vested their appointment in the Governor alone 22
and the Constitution of 1838 made the clerks of ail the courts elective
officers with a 3-year term.23 Similar provisions are included in the present
constitution, but the tenure of office, like that of all elected county officers,
was increased to 4 years by an amendment of 1909. 24
There has always been a close connection between the offices of pro-
thonotary, clerk of the court of quarter sessions, clerk of orphans’ court,
register of wills, and recorder of deeds, and in many cases one of these
officers holds more than one of these positions. At first the appointing
agent itself determined how the offices were to be combined in each county.
The Constitution of 1838, however, provided that the legislature should
decide for each county which of the offices should be held by one man and
among how many persons the five offices should be divided.25 A year later
the law fulfilling these requirements was passed 20 and it is still in effect
in those counties to which there is not applicable a more recent conflicting
law.27 The most important of these is the constitutional requirement that
in every county with a separate orphans’ court, the register of wills acts as
19 1834 P.L. 333 sec. 23; 1834 P.L. 333 sec. 56 rep. 1917 P.L. 363 sec. 24 but reen. in
sec. 8(b-l ).
20 Const., of 1790, art. VI, sec. 3; 1705-6, II St. at L. 199 sec. 3; 1779, X St. at L.
39 sec. 3; 1783, X St. at L. 22 sec. 2 rep. 1785, 2 Sm.L. 14; 1795, XV St. at L. 359
secs. 1, 2, 1794, XV St. at L. 80 sec. 20 rep. 1917 P.L. 447 sec. 63; 1812, 5 Sm.L. 309;
1821, 7 Sm. L. 367 sec. 8; 1825 P.L. 172 sec. 1.
Charter of Privileges, 1701, art. Ill, in Federal and State Constitutions, V, 3076-
3081 ; 1715, III St. at L. 53 sec. 9.
22 Const, of 1790, art. II, sec. 8, art. VI, sec. 3.
23 Const, of 1838, art. VI, sec. 3.
24 Const., art. XIV, sec. 2 as am. 1909.
25 Const, of 1838, art. VI, sec. 3.
26 1839 P.L. 559 sec. 2.
27 1893 P.L. 462; 1901 P.L. 559 am. 1923 P.L. 155 but rep. 1929 P.L. 1278 sec. 1051
but reen. in sec. 222; 1911 P.L. 538.
CLERK OF ORPHANS’ COURT 2 73
clerk of that court.28 The General County Law has set up an arrangement
of offices which may be followed by any county for which the court of
common pleas decides favorably. According to this system the clerk of
orphans’ court is also register of wills in third, fourth, and fifth-class coun-
ties. In sixth and seventh-class counties he acts as recorder of deeds as
well as register of wills, and in eighth-class counties, one man holds all
five offices. Counties not desiring to follow these provisions continue to
use the system set up for them in the act of 1839 and its amendments,
subject to any changes made by other acts prior to 1929. 29
Like all county officers, the clerk of orphans' court must be an American
citizen and a resident of the county for at least a year before assuming
office.30 Vacancies are filled by the Governor to hold office until a new
clerk is chosen in the first municipal election to take place 2 or more months
after the occurrence of the original vacancy.31 No person holding office
under the United States may be clerk of orphans’ court at the same time.32
While in office the clerk may not also be a justice of the peace 33 or a
county treasurer.34 He is not allowed to be county controller either during
his term of office or for 2 years afterward.35 He may not practice as an
attorney in the orphans’ court 36 and he is exempt from military service.37
Before assuming office the clerk must take an oath 38 and give a bond.39
In seventh and eighth-class counties he is paid by fees. If he receives more
than $4,000 in fees in any 1 year, one-half the excess must be turned over
28 Const., art. V, sec. 22; 1874 P.L. 206 sec. 5 am. 1887 P.L. 22 further am. 1897
P L. 35 further am. 1909 P.L. 431 further am. 1915 P.L. 41 further am. 1921 P.L. 1108
further am. 1923 P.L. 317 further am. 1927 P.L. 717 further am. 1929 P.L. 1633 rep.
1931 P.L. 401 sec. 26; 1889 P.L. 52 No. 55 rep. 1929 P.L. 30 No. 27; 1917 P.L.
363 sec. 8(a).
28 1929 P.L. 1278 sec. 221 am. 1933 P.L. 950 No. 186.
30 Const., art. XIV, sec. 3.
31 1929 P. L. 1278 sec. 60 am. 1931 P.L. 401 sec. 1.
32 1812, 5 Sm.L. 309 sup. 1874 P.L. 186 secs. 8-12 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 5.
33 1874 P.L. 186 sec. 4; 1929 P.L. 1278 sec. 223.
31 1841 P.L. 400 sec. 3 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 142.
33 1895 P.L. 403 No. 288 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 132.
36 1834 P.L. 333 sec. 75; 1929 P.L. 1278 sec. 223.
87 1887 P.L. 23 sec. 110 sup. 1899 P.L. 266 sec. 2.
38 Const., art. VII, sec. 1; 1705-6, II St. at L. 267 sec. 2; 1834 P.L. 333 sec. 76;
1929 P.L. 1278 sec. 53.
39 1830 P.L. 272 sec. 9; 1834 P.L. 333 sec. 76; 1929 P.L. 1278 sec. 225.
274
COUNTY GOVERNMENT
to the county treasurer for the use of the Commonwealth.40 A report of
fees received must be sent to the Department of Revenue.41 In the other
counties the clerk of orphans’ court receives an annual salary, which ranges
from $2,000 in sixth-class counties to $4,000 in third and fourth-class coun-
ties. Provisions are made for higher salaries in certain cases if the clerk
holds one or more additional clerical offices.42
The Constitution of 1874 first permitted the clerk of orphans’ court to
appoint assistant clerks with the approval of the court.43 Every clerk must
select a chief deputy to perform his duties when he is absent. When the
office of clerk of orphans’ court is vacant, the one designated as first deputy,
after posting a bond acceptable to the court of common pleas, may dis-
charge any of the duties of his principal until a successor has been ap-
pointed.44 Whenever the pressure of business in the orphans’ court makes
it necessary, the clerk may appoint enough extra deputies to care properly
for the work at hand.45 The compensation of all deputies is fixed by the
salary board or by the clerk himself if there is no salary board.46
Powers and Duties. Custody of the records and the seal of the orphans’
court is vested in the clerk who performs all the duties pertaining to the
office under the direction of the court.47 If the judge of orphans’ court is
unable to attend court, the clerk adjourns it from day to day.48 He signs
40 1810, 5 Sm.L. 105 secs. 1, 2; 1868 P.L. 3 sec. 8 par. 7 am. 1901 P.L. 175 sec. 1;
1874 P.L. 125 sec. 1 am. 1909 P.L. 77 further am. 1921 P.L. 69 further am. 1937 P.L.
2782; Comm. v. Conway, 12 Pa. C. C. 630, 2 Dist. 429 (1893).
11 1929 P.L. 343 sec. 901.
42 1876 P.L. 13 sec. 13 am. 1881 P.L. 21 further am. 1887 P.L. 301 further am. 1901
P.L. 641; 1876 P.L. 13 sec. 14 am. 1895 P.L. 424; 1923 P.L. 944 sec. 1 am. 1931
P.L. 560; 1923 P.L. 1054 sec. 11 am. 1925 P.L. 380.
43 Const., art. V, sec. 22; 1874 P.L. 206 sec. 5 am. 1887 P.L. 22 further am. 1897
P.L. 35 further am. 1909 P.L. 431 further am. 1915 P.L. 41 further am. 1921 P.L. 1108
further am. 1923 P.L. 317 further am. 1927 P.L. 717 further am. 1929 P.L. 1633 rep.
1931 P.L. 401 sec. 26; 1889 P.L. 52 No. 55 rep. 1929 P.L. 30 No. 27; 1917 P.L. 363
sec. 8(a).
44 1874 P.L. 43 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 224 am. 1931 P.L. 401
sec. 1 further am. 1933 P.L. 952; 1929 P.L. 1278 sec. 59 am. 1931 P.L. 401 sec. 1;
1923 P.L. 944 sec. 3 applies only to sixth-class counties ; Attorney General’s Opinions,
vol. 1891-94, pp. 462, 463.
45 1875 P.L. 25 sec. 2.
46 1929 P.L. 1278 sec. 224 am. 1931 P.L. 401 sec. 1 further am. 1933 P.L. 952; 1923
P.L. 944 sec. 5 am. 1933 P.L. 250 No. 88.
47 1834 P.L. 333 sec. 56 rep. 1917 P.L. 363 sec. 24 but reen. in sec. 8(b-l).
48 1834 P.L. 333 sec. 64.
CLERK OF ORPHANS’ COURT
275
and affixes the seal of the court to all writs issued by it and to all exempli-
fications of the records and processes of the court.49 The power of admin-
istering oaths and affirmations in conducting the business of the orphans’
court also belongs to the clerk.50
The clerk has several miscellaneous responsibilities. In arbitration cases
where the prothonotary is a party to a suit, he may perform the prothono-
tary’s duties.51 He estreats to the State all fines paid into the court,52 and
periodically sends to the Commonwealth all money due the State.53 In
certain cases the orphans’ court may order the clerk to execute and deliver
the deed or mortgage to land sold or mortgaged by order of the court.54
Since 1937 trials by jury may be held in orphans’ court, with approval
of the court of common pleas. At the completion of such trials, the clerk
certifies the verdict or judgment to the prothonotary, who files and
dockets it.55
The clerk of orphans’ court issues marriage licenses.56 When a minor
applying for a license has no parent or guardian to give consent, the judge
of orphans’ court appoints a guardian just for that purpose. At that time,
if the judge is not accessible, the clerk is authorized to name someone as
guardian.57 No one under 16 years of age may be married even with
parental consent, except in special cases when the judge may authorize the
clerk of orphans’ court to grant a license.58 Whenever the clerk refuses to
issue a license he must certify the proceedings to the orphans’ court.59
The clerk is the agent for the Commonwealth for the collection of marriage
license fees, which he sends to the State Treasurer through the Department
of Revenue.60
48 Ibid., sec. 77.
50 1834 P.L. 333 sec. 77; 1859 P.L. 194 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 226.
51 1825 P.L. 172 sec. 1 sup. 1836 P.L. 715 sec. 36; Kerns v. Huntsinger, 2 Leg. Rec.
79 (1881).
52 1783, 2 Sm.L. 84 sec. 5; 1818 P.L. 273, 7 Sm.L. 120 sec. 1.
B3 1859 P.L. 561 sec. 1 sup. 1893 P.L. 125 sec. 1.
M 1917 P.L. 388 secs. 17(a), 18, 1917 P.L. 447 secs. 16(j-l, k), 18 (f).
55 1917 P.L. 363 sec. 21(d) added 1937 P.L. 2665 am. 1939 P.L. 94.
" 1885 P.L. 146 sec. 1 am. 1893 P.L. 27 further am. 1895 P.L. 202.
67 1885 P.L. 146 sec. 3 am. 1887 P.L. 170 No. 105 further am. 1903 P.L. 80 further
am. 1905 P.L. 58 further am. 1915 P.L. 636.
58 1927 P.L. 64 No. 44.
68 1913 P.L. 1013 sec. 4.
40 1929 P.L. 343 sec. 612.
276
COUNTY GOVERNMENT
In some cases the duties of the clerk are not clearly distinguished from
those of the register of wills. For example, either the clerk or the register
gives written notice to interested parties of the filing of fiduciaries’
accounts.01
Records. Most of the duties of the clerk of orphans’ court are concerned
with the keeping of records. Many of his record-keeping duties are pre-
scribed by law. Every orphans’ court, however, is empowered to make rules
regulating procedure before it and the conduct of its officers. In many cases
some of these rules deal with the keeping of records by the clerk of orphans’
court. They often stipulate that the records required by law be placed
under more specific and less general headings. To be sure of the form
of the records in any particular county, it is necessary, therefore, to con-
sult the court rules of that county. Moreover, a number of the records of
the clerk of orphans’ court are kept merely as a matter of convenience.
The clerk has custody of all the records of orphans’ court, and must keep
them at the place of holding the court.62 He is obliged to keep two indexes
for every book of record in his office.63 The power of determining the
mode of keeping indexes belongs to the court of common pleas 04 except
where there is a separate orphans’ court. In counties where the latter
situation exists, the orphans’ court itself has this power.65 In such cases
all orders and directions of the orphans’ court by virtue of this power must
be entered in full on the records of that court.66
MINUTES
Orphans’ Court Minute Book.67
Minutes of the sessions of the orphans’ court, showing the court term and
case number, date and time of meeting, names of judge and parties in-
volved, and business transacted.68
61 1917 P.L. 447 sec. 46(c).
02 1834 P.L. 333 sec. 56 rep. 1917 P.L. 363 sec. 24 but reen. in sec. 8 ( b-1 ) .
8:1 1827 P.L. 154 secs. 5-7.
,''1 1876 P.L. 43 sec. 1 rep. 1927 P.L. 121 No. 87; 1891 P.L. 129 sec. 1.
86 1878 P.L. 43 sec. 5 rep. 1927 P.L. 121 No. 87; 1891 P.L. 129 sec. 5 am. 1929 P.L.
776 No. 327. From 1878 until 1891 and since 1929 the orphans’ court alone possesses
this power, but from 1891 until 1929 is was exercised jointly by the court of common
pleas and the orphans’ court.
68 1878 P.L. 43 sec. 6 rep. 1927 P.L. 121 No. 87; 1891 P.L. 129 sec. 6.
67 In some cases these minutes are a part of the Common Pleas Minute Book.
08 There are no statutes requiring the keeping of a minute book. In some counties
it is kept as a matter of convenience and in others because of the provisions of court
rules.
277
CLERK OF ORPHANS’ COURT
TRIAL AND ARGUMENT LISTS
Trial Lists. Title varies: Orphans’ Court Scratcher; Motion List.
This is a list of all cases scheduled for trial in orphans’ court. It shows the
court term and case number, date of trial, decedent’s name, and cause of
action.60
Argument Lists.
A record of arguments held in orphans’ court in connection with estates
of decedents, showing the court term and case number, names of decedent
and attorneys, date of filing exception, and reason for argument.70
PAPERS AND DOCKETS
Orphans’ Court Papers, dates from the establishment of the county.
Title varies : Estates, O. C. ; Estate Files ; Miscellaneous, Orphans’
Court.
This consists of the papers filed in proceedings before the orphans’ court,71
showing the date ; estate number ; names of decedent, parties, and attorneys ;
court term and case number ; character of the paper ; affidavits ; notarial
and official seals; and signatures. Numerous types of papers are found
here.72 They include petitions for the appointment of auditors,73 applica-
tions to vacate letters testamentary,74 petitions for the appointment of
trustees to take charge of absentees’ estates,75 and requests for an account-
ing by a guardian.76 In addition there are found here petitions asking the
court to declare a person legally dead 77 and to accept the will of such a
person.78 Other papers include elections 79 to take real estate instead of
09 These lists are not found in every county. Sometimes there are court rules re-
quiring that they be kept.
70 Where these lists have been kept it is either for the sake of convenience or because
of the terms of court rules.
71 1834 P.L. 333 sec. 56 rep. 1917 P.L. 363 sec. 24 but reen. in sec. 8 (b-1 ) .
‘2 In many counties one or more of the types of papers usually kept with Orphans’
Court Papers may be filed separately for all or a part of the period since the estab-
lishment of the county. Examples of these will be noted later.
73 1794, XV St. at L. 80 sec. 14 sup. 1832 P.L. 190 sec. 19 rep. 1917 P.L. 447 sec. 63.
74 1829 P.L. 122 sec. 1 sup. 1832 P.L. 190 sec. 27 rep. 1917 P.L. 447 sec. 63.
75 1879 P.L. 21 sec. 1 am. 1905 P.L. 77 rep. 1917 P.L. 447 sec. 63.
76 1907 P.L. 384 sec. 1 rep. as to orphans’ court 1917 P.L. 447 sec. 63.
77 1913 P.L. 369 sec. 1 rep. 1917 P.L. 447 sec. 63 but reen. in sec. 6(a).
78 1917 P.L. 447 sec. 6(k).
79 These elections must be recorded by the recorder of deeds before they are placed
on file.
278
COUNTY GOVERNMENT
legacies 80 and to take money instead of real estate.81 When the personal
estate of a decedent does not exceed $500, a petition and an accounting of
the estate are filed within 6 months by the executor or administrator.82 In
cases where a trustee of an estate has died and the devisees have made an
amicable agreement for the division of the estate, the orphans’ court may
order division of the estate in that manner, and the papers concerned with
the agreement are filed and recorded by the clerk.83 A nonresident of the
county may not be appointed as a fiduciary unless he files a written appoint-
ment of someone in the county upon whom the service of processes and
notices may be made.84
Miscellaneous Papers. Title varies: Orphans’ Court Agreement List.
In a few counties special files have been kept of all material in Orphans’
Court Papers which relates to one or more important contests which have
come before the court.85
Orphans’ Court Docket, dates from the establishment of the county.
Title varies: Orphans’ Court Audit Docket; Continuance Docket.
This is a record of all proceedings in the settlement of estates. It shows
the number and name of the estate ; names and addresses of decedent and
attorney ; dates of death, probate, and granting of letters ; inventories,
bonds, accounts, and liens filed ; the approval of guardian or trustee ; date
of audit ; confirmation nisi and absolute ; the title, volume, and page of
docket or book where each paper is recorded ; and disposition of the
matter.86
Index to Orphans’ Court Docket, dates from the origin of the
county.87
This is an index to the Orphans’ Court Docket, showing the name of de-
80 1913 P.L. 908 sec. 1 rep. 1917 P.L. 447 sec. 63 but reen. in sec. 32(a).
81 1917 P.L. 447 sec. 32(b).
82 1915 P.L. 265 sec. 1 rep. 1917 P.L. 447 sec. 63 but reen. in sec. 49(c) am. 1939
P.L. 708. If these petitions and accounts are accepted by the court, the final account-
ing is dispensed with and the executor or administrator is discharged.
83 1923 P.L. 846 sec. 8.
81 1917 P.L. 447 sec. 57(a). This paper may be filed with either the clerk of orphans’
court or the register of wills.
85 In rare cases all of one or more types of papers in Orphans’ Court Papers are filed
separately under the proper headings.
86 1850 P.L. 572 sec. 18 rep. 1917 P.L. 363 sec. 24 but reen. in sec. 8(b-2) am. 1939
P.L. 198.
87 In many counties one all-inclusive index has been prepared which is a guide to all
the papers, dockets, and other records in the orphans’ court which pertain to estates.
CLERK OF ORPHANS’ COURT
279
cedent, court term and case number, and volume and page where the matter
is entered in the docket.88
Transcripts of Orphans’ Court Papers. Title varies: Miscellaneous
Docket.
In these books have been transcribed various papers filed in connection
with the settlement of estates, such as petitions, elections to take real prop-
erty without concession,89 petitions for allowance, releases or appointments
of guardians, bonds posted, letters granted, court rules and orders, citations,
deeds, powers of attorney, and agreements.90
Partition Papers. Title varies : Partition Proceedings, Miscel-
laneous Papers.
Papers filed in partition proceedings are kept here. The information given
includes the court term and case number, names of parties, date and char-
acter of instrument, location and description of property, cause for action,
court orders, costs, fees, schedules of distribution, official seals and signa-
tures, and date filed.01
Partition Docket, 1889 — .
In this docket are entered all proceedings in partition in the orphans’ court
from the commencement of the action to the final judgment and decree.92
It also contains recorded copies of papers filed in partition proceedings,
showing the court term and case number, names of parties, location and
description of property, character of the instrument, and date filed.93
88 1827 P.L. 154 secs. 5-7.
88 1917 P.L. 403 sec. 23(i) am. 1929 P.L. 648 sec. 2; 1917 P.L. 403(f) added 1939
P.L. 705.
80 In some counties these papers are copied directly into the Orphans’ Court Docket ;
in others the record of particular types of papers are kept separately.
81 These papers are very seldom filed separately. In most counties they are placed
in Orphans’ Court Papers.
88 In some counties a separate Partition Docket was begun before 1889.
83 1889 P.L. 23 sec. 1 rep. 1917 P.L. 337 sec. 45 but reen. in sec. 41. In all partition
proceedings in which anyone is required to give bond, the court may appoint an auditor
to ascertain advancements and to make distribution of the property. But when there
is no auditor, the court determines the amount due to each of the parties concerned.
These details must be recorded. From 1855 until 1889 these matters were recorded
in the Orphans’ Court Docket, and since 1889 in the Partition Docket. 1855 P.L. 214
sec. 1 rep. 1917 P.L. 337 sec. 45 but reen. as am. in sec. 39(a).
280
COUNTY GOVERNMENT
Index to Partition Docket.94
The Partition Docket is indexed by placing in alphabetical order both the
names of persons to whom real estate is awarded and those who purchase
real estate before the orphans’ court.95
BONDS
Bonds Filed in Orphans’ Court, dates vary.96
A number of bonds are contained here. In very early times the bond of
the deputy register was filed in orphans’ court.97 At present the clerk keeps
bonds posted by executors, administrators, and trustees under whose
charge the sale of decedents’ property is taking place 98 and bonds of
guardians of the estates of minors.99 When a person is given a legacy
from a presumed decedent he must file a bond to guarantee repayment if
the person later reappears alive.100 The clerk also files bonds of heirs to
whom distribution is made before all possible creditors have made their
claims against the estate.101 The information contained includes the names
of decedent, surety, and person under bond ; the bond number ; date, amount,
and conditions of bond; names of witnesses; official seals and signatures;
and date filed.
Record of Bonds Filed in Orphans’ Court. Title varies: Minor
Estate Docket ; Real Estate and Bond Book ; Guardian Bond Book.
These are recorded copies of bonds found in the file entitled Bonds Filed
in Orphans’ Court. The information found is the same.102
“4 In some counties this index is a part of the Partition Docket.
95 1917 P.L. 337 sec. 42.
90 In some counties all of these bonds are filed in one place; in others they are filed
separately according to the type of bond; and in still others they are placed with re-
levant papers, such as in the Orphans’ Court Papers and with reports and accounts
of guardians.
97 1705-6, II St. at L. 194 sec. 8.
9S 1808 P.L. 144 sec. 3 rep. 1917 P.L. 447 sec. 63; 1903 P.L. 106 sec. 1 rep. as far
as it relates to orphans’ courts 1917 P.L. 337 sec. 45 but reen. in sec. 25.
"1917 P.L. 447 sec. 59(g).
100 1885 P.L. 155 No. 12 2 sec. 5 am. 1915 P.L. 945 rep. 1917 P.L. 447 sec. 63 but
reen. in sec. 6(h).
101 1794, XV St. at L. 80 sup. 1883 P.L. 315 rep. 1917 P.L. 447 sec. 63 but reen. as
am. in sec. 49(b).
102 This record is not found in every county. In some counties all of the bonds are
recorded together in a single book. In other counties separate books are kept of each
type of bond. In still other cases all bonds are recorded in the Orphans’ Court Docket.
281
CLERK OF ORPHANS’ COURT
INVENTORIES AND APPRAISEMENTS
Inventories and Appraisements, dates from the establishment of the
county.
The clerk of orphans’ court files all inventories and appraisements relating
to matters under the jurisdiction of the orphans’ court.103 These papers
show the court term and case number ; names of decedent, appraisers, and
fiduciaries ; location and description of property ; itemized statement of
assets and liabilities ; total valuation ; date filed ; and official seals and
signatures.104
Inventory and Appraisement Docket. Title varies: General Inven-
tories Decedents’ Estates.
In this book are placed recorded copies of the inventories and appraisements
filed in the office of the clerk of orphans’ court. The information contained
is the same as in the record entitled Inventories and Appraisements.105
Widows’ Appraisement.
This is a record of the appraisements filed by a surviving spouse electing
to take against the will. The information shown includes the court term
and case number, names of decedent and surviving spouse, date of ap-
praisal, valuation of all personal property, appraisers’ signatures, and dates
filed and approved.106
fiduciaries’ accounts
Accounts, dates from origin of the county. Title varies: Discharge,
Appointment of Successor.107
The cleidc of orphans’ court files all accounts pertaining to matters under
the jurisdiction of the orphans’ court.108 Accounts of guardians109 and
103 1701, II St. at L. 148 sec. 9; 1705-5, II St. at L. 199 sec. 1; 1815 P.L. 173 sec. 1
rep. 1917 P.L. 429 sec. 28; 1832 P.L. 190 sec. 9 rep. 1917 P.L. 447 sec. 63 but reen.
in sec. 46(d).
104 These inventories and appraisements are often placed with Orphans’ Court Papers,
rather than in a separate file.
105 These papers are often recorded in Orphans’ Court Docket.
100 In most counties these papers are recorded in Inventory and Appraisement Docket
or in Orphans’ Court Docket.
10 ' In some counties these papers are not filed separately but are kept in Orphans’
Court Papers.
108 1701, II St. at L. 148 sec. 9; 1705-6, II St. at L. 199 sec. 1; 1815 P.L. 173 sec.
1 rep. 1917 P.L. 429 sec. 28; 1832 P.L. 190 sec. 9 rep. 1917 P.L. 447 sec. 63 but reen.
in sec. 46(d) .
103 1821 P.L. 153 sec. 3 rep. 1832 P.L. 190 secs. 10, 13 rep. 1917 P.L. 447 sec. 63
but reen. in sec. 59 (h, j-1).
282
COUNTY GOVERNMENT
trustees 110 are placed on file every 3 years or oftener. These accounts
show the estate number; date filed; names of decedent and fiduciary; item-
ized list of assets, liabilities, receipts, expenditures, and balance ; dates
examined and approved ; and official seals and signatures.
Account Docket. Title varies: Audit Docket ; Executors’, Adminis-
trators’, Guardians’, Trustees’ Accounts ; Auditors’ Report Orphans’
Court.
In these books the clerk records all accounts of fiduciaries and all reports
of auditors appointed by the court.* 111 He omits only the testimony and the
documents accompanying it and those accounts and parts of reports which
the court declares need not be recorded here.112
RECORDS OF APPEALS
Appeals from Register. Title varies : Register’s Citations.
Appeals to the orphans’ court from the register's decisions on probated wills
are filed here.na The information shown consists of the decedent’s name,
date letters were granted, file number of wills, court term and case number,
the issue to be decided, attorneys’ names, and disposition.114
Supreme Court Papers.
These are the papers filed in cases appealed to the Supreme Court. They
show the court term and case number; names of estate, attorneys, heirs,
and fiduciaries ; disposition by orphans’ court ; dates case was appealed and
returned ; disposition by Supreme Court ; and official seals and signatures.115
RECORDS OF DISTRIBUTION OF ESTATES
Orphans’ Court Distribution Docket. Title varies : Auditors’ Re-
port, Adjudication Docket.
A record of the distribution of decedents’ estates by court order, showing
110 1917 P.L. 447 sec. 46 (g, h).
111 1850 P.L. 572 sec. 18 rep. 1917 P.L. 363 sec. 24 but reen. in sec. 8(b-2) am. 1939
P.L. 198.
112 These papers are sometimes recorded in Orphans’ Court Docket.
113 1832 P.L. 135 sec. 31 rep. 1917 P.L. 415 sec. 26 but reen. as am. in sec. 21(a) ;
1917 P.L. 363 secs. 9(m), 21(a).
114 These papers are seldom filed separately, but are usually found in Orphans’ Court
Papers.
115 In most counties these papers are filed in Orphans’ Court Papers.
283
CLERK OF ORPHANS’ COURT
the date ; names of decedent, fiduciaries, heirs, and claimants ; amount of
assets ; receipts and disbursements ; and date returned.116
Orphans’ Court Distribution Opinions and Decrees, recent dates.
The original decrees and opinions of the court for the distribution of de-
cedents’ estates showing the court term, date, caption of the case, opinion,
and judge’s signature.117
Receipts for Shares of Estates. Title varies : Administrators’ and
Executors’ Receipts.
The original signed receipts given to administrators and executors by in-
dividuals sharing an estate are found here.118
RECORDS OF ORPHANS’ COURT SALES
Petitions for Sales. Title varies: Order of Sales.
These are the petitions filed by administrators for the sale of a decedent's
property. They show the date; court term and case number; names of the
decedent and administrator ; date of decedent’s death ; location, description,
and appraisal valuation of property; and the assets and liabilities.119
Orders for Sales.
These are the actual orders for sales in partition proceedings. The informa-
tion shown includes the court term and case number, name of estate, loca-
tion and description of property, and date and order of the court.120
Real Estate Sales Docket.
This docket contains a transcript of petitions of executors and adminis-
trators to sell decedents’ real estate at public or private sale for the pay-
ment of debts. It shows the name of executor or administrator, date ap-
A Distribution Docket is not kept in every county. In some counties this informa-
tion is entered in the Orphans’ Court Docket, and in other counties it is found in the
Account Docket.
These papers are often kept separately until the case is finally disposed of. Then
they are filed in Orphans’ Court Papers.
In most counties these papers are filed in Orphans’ Court Papers.
These petitions are usually simply filed in Orphans’ Court Papers. But when
they are kept separately as is shown here, the resultant court order is often attached
to the petition to which it pertains.
These are filed separately in very few counties. Usually they are merely placed
in Orphans’ Court Papers.
284
COUNTY GOVERNMENT
pointed, names of decedent and heirs, description and value of real and
personal property, the portion to be sold, list of the decedent’s debts with
amount and name of creditor, the court decree, and the judge’s name.121
MISCELLANEOUS ESTATE PAPERS 122
Fiduciaries’ Releases. Title varies : Discharge.
These are the petitions for release and the resultant agreements between
beneficiaries and fiduciaries releasing fiduciaries from further obligations
or duties. They show the date, decedent’s name, trust from which the
fiduciary is released, and signatures of beneficiaries and fiduciaries.
Petitions for the Appointment of Guardians and Trustees. Title
varies: Appointment of Guardian or Trustee.
The petitions asking for appointment of guardians or trustees for estates
are filed here. Each petition shows the court term and case number ; date
filed; names of estates, heirs, and petitioners; and official seals and
signatures.
Petitions by Guardians. Title varies: Maintenance.
These are the papers filed by guardians requesting an increase in the amount
allowed for maintenance of their wards. The information contained in-
cludes the court term and case number ; names of the estate, ward, and
guardian ; amounts allowed and increase requested ; resultant court decrees ;
official seals and signatures ; and date filed.
VITAL STATISTICS PAPERS
Marriage License Applications, 1885 — . Title varies : Marriage
Licenses ; Marriage License Docket.123
Filed here are the actual applications for marriage licenses. Every applica-
tion is made in writing and contains the following information : full name,
color, occupation, birthplace, age, and residence of each party ; and a record
of any previous marriage or marriages of either party. Also found on
each application are statements that neither party has a transmissible dis-
ease, and that the male applicant is physically able to support a family and
has not within the previous 5 years been an inmate of a home for the in-
121 This is found as a separate record very rarely. The information contained here is
usually entered in the Partition Docket.
In almost every county the papers under this heading are filed in Orphans’ Court
Papers.
123 In some counties these are erroneously given the title Marriage License Docket.
285
CLERK OF ORPHANS’ COURT
digent. Any other information may be asked which is necessary to de-
termine whether there are legal prohibitions against the proposed mar-
riage.124 Since 1903 no one under 21 years of age may receive a marriage
license without the consent of a parent or guardian. These consent cer-
tificates must be filed, and since the forms for them are usually a part of the
applications, they are generally found here.123
Marriage License Returns, 1885 — . Title varies: Duplicate Mar-
riage Certificate.
A marriage license is divided into three sections. The first, known as the
license, gives authority for the marriage to be performed. The second sec-
tion is the original marriage certificate, which is filled out by the person who
officiated at the marriage and is given to the married couple. The third part
is the duplicate certificate which is returned by the officiant to the clerk
of orphans’ court who files it here. The information found includes the
date of marriage, license number, names and addresses of parties, and
signature of official who performed the ceremony.126
Medical Certificates, 1940 — -.127
Since May 17, 1940, the clerk has not been permitted to issue a marriage
license until both parties file a physician’s report showing that they have
satisfactorily submitted to a blood test. Along with this report is a certifi-
cate from the laboratory where the test was made.128
Marriage License Docket, 1885 — .
This book, a public record, contains a complete record of all marriage
licenses issued by the clerk. Recorded here is every application for a mar-
riage license 120 and the papers pertaining to it, such as the certificate of
1'4 1885 P.L. 146 sec. 3 am. 1903 P.L. 80 further am. 1905 P.L. 58 further am. 1915
P.L. 636; 1913 P.L. 1013 am. 1935 P.L. 152. There is no requirement that these
original applications be preserved, since they are recorded in the Marriage License
Docket. They are kept on file in most counties, however.
121 1885 P.L. 146 sec. 3 am. 1903 P.L. 80 further am. 1905 P.L. 58 further am. 1915
P.L. 636. Occasionally they are filed separately and entitled Consent to Marriage.
126 1885 P.L. 146 sec. 4.
121 These papers must be filed separately from the marriage license applications and
must be considered as absolutely confidential by any officer or employee who sees them.
128 1939 P.L. 148 secs. 1, 4, 7. Sec. 7 provides that the law becomes effective 1 year
after the date of final enactment.
128 1885 P.L. 146 sec 2; 1895 P.L. 99 No. 71 ; 1913 P.L. 1031 sec. 1 am. 1935 P.L. 152.
COUNTY GOVERNMENT
286
the parent’s or guardian's consent,130 and the marriage certificate as re-
turned by the person who performed the ceremony.131
Index to Marriage License Docket, 1885 — .
This index to the Marriage License Docket shows the names of the parties,
license number, and volume and page in the Marriage License Docket
where the date is recorded.132
Petitions for the Appointment of Guardians for the Consent of a
Marriage.
These are the petitions for the appointment of a guardian to give consent
to a minor's marriage. The information contained includes the court term
and case number; minor’s name and date and place of birth; names of
minor’s parents and intended spouse; affidavits and signatures of the minor,
guardian, and minor’s relative; date when petition was approved by the
court ; and signature of clerk of orphans’ court.133
Birth Register, 1893-1905.
This is the register of births prepared from information sent in by the
assessors.134 The information shows date of recording; child’s name, sex,
and color; date and place of birth; names and address of. parents; and the
father’s occupation.135
Death Register, 1893-1905.
This register is a record of all deaths occurring within the county.136 Like
the Birth Register, it is based on returns made by the assessors. It shows
the date of recording; name, color, occupation, sex, age, and marital status
of decedent ; date and place of birth ; date, place, and cause of death ; names
of decedent’s parents, and date and place of interment.137
130 1885 P.L. 146 sec. 3 am. 1903 P.L. 80 further am. 1905 P.L. 58 further am. 1915
P.L. 636.
131 1885 P.L. 146 sec. 4.
132 1827 P.L. 154 secs. 5-7. In some counties this index is not separate from the
Marriage License Docket.
133 These petitions are seldom filed separately.
134 In a few counties this record continues beyond 1905 since the law requiring the
keeping of these records was not specifically repealed until 1915. But in most counties,
since the State began to have charge of vital statistics records in 1906, the counties
ceased keeping them at that time, 1905 P.L. 330.
133 1893 P.L. 340 No. 281 secs. 1-3 rep. 1915 P.L. 900 sec. 24.
130 Like the Birth Register, in a few counties this record was continued after 1906,
until as late as 1915.
137 1893 P.L. 340 No. 281 secs. 1-3 rep. 1915 P.L. 900 sec. 24.
CLERK OF ORPHANS’ COURT
287
ADOPTION RECORDS 138
Adoption Papers, 1925 — . Title varies: Adoption Docket.139
All papers pertaining to adoption cases are filed here. These include the
petitions for adoption and the final decree. The petitions show the peti-
tioner’s name, address, age, and marital status ; name of petitioner’s attor-
ney; name of child to be adopted; date and place of his birth; his parents’
names and address; and the reason for adoption. Other adoption papers
show the date of hearing, objections filed, decree, and order of the court. 14n
Adoption Docket, 1925 — . Title varies: Adoption Decrees.
This is a record of all proceedings in adoption including a transcript of all
papers filed. The facts shown are the case number, name of the person
adopted, names and address of adopting parents, dates papers were
executed and filed, names of officials attesting the papers, and dates of
decrees.141
Index to Adoption Docket, 1925 — .
This index shows the name of the person adopted, original name, name
of adopting parents, date of adoption, case number, and volume and page
where it is recorded in Adoption Docket.142
ACCOUNTS
Account Book, 1810 — . Title varies: Daily Sheets.
This is a daily record of the fees collected by the clerk of orphans’ court,
showing the date, amount of fee, service rendered, name of payer, monthly
total, and amount and date paid to county treasurer.143
118 In 1925 jurisdiction over adoption was vested in the orphans’ court. Prior to that
date adoption cases were heard in the court of common pleas. Prior records may
therefore be found in the prothonotary’s office. 1893 P.L. 145 and 1901 P.L. 606 sec.
1 rep. 1925 P.L. 127 sec. 5.
133 In some counties the record called Adoption Docket is not a docket, but a file
of adoption papers.
140 1925 P.L. 127 sec. 1 am. 1929 P.L. 822 sec. 1 ; 1925 P.L. 127 secs. 3, 4. In some
counties adoption papers are not kept separately, but are filed in Orphans’ Court
Papers.
141 A separate Adoption Docket is not kept in every county. Even some of the coun-
ties which keep a special file of adoption papers do not have this record. Where this
docket is not kept, the facts here contained are found in Orphans’ Court Docket.
142 The Adoption Docket is not always indexed separately.
143 1810, 5 Sm.L. 105 sec. 1 ; 1830 P.L. 272 sec. 7; 1868 P.L. 3 sec. 8 par. 7 am. 1901
P.L. 172 sup. for counties of more than 150,000 population 1876 P.L. 13 sec. 3; 1874
P.L. 125 sec. 1 am. 1909 P.L. 77 further am. 1921 P.L. 69 further am. 1937 P.L. 2786
(applies to counties under 150,000 population) ; 1923 P.L. 944 sec. 7 am. 1927 P.L.
128 No. 100 (applies to sixth-class counties only).
288
COUNTY GOVERNMENT
MISCELLANEOUS
Enrollment of Attorneys, 1885-1927. Title varies; Registration of
Law Students, Orphans’ Court.
This is a record of every lawyer admitted to practice before the orphans’
court.144 It shows the attorney’s name, date admitted, and oath taken.145
The register of law students admitted contains further information such
as the student’s name, age, and registration number ; date of certification
by State Board of Law Examiners ; the names of examiners, sponsors,
prothonotary, and judge; student’s educational record; and date of admis-
sion to the bar.146
Supreme Court Certificates and Communications.
Filed here are certified copies of certificates of admission to practice be-
fore the Supreme Court, and copies of decrees of disbarment and related
correspondence.147
Receipts for Borrowed Papers.
In this book is kept a record of papers from this office which have been
borrowed by attorneys for legal purposes. It shows the date paper was
borrowed, name of decedent or estate, number of papers borrowed, at-
torney's name, and date paper was returned.148
Pensioned Soldiers, 1783-85.149
There is entered here the name and address of every discharged soldier who
was the recipient of a pension from the State.150
Mothers’ Assistance Records, 1913-1 5. 151
This is a complete record of every family in the county which was receiv-
ing payments under the provisions of the Mothers’ Assistance Act.152
144 In some counties this record may be found for years prior to 1885 and after 1927.
In such cases the record is kept either for convenience or in pursuance of local court
rules.
145 1885 P.L. 16 sec. 1 am. 1887 P.L. 131. The act of 1885 was rep. 1927 P.L. 166
No. 138 and the act of 1887 was rep. 1927 P.L. 356 No. 225.
146 Court rules often require that records be made of law students admitted to prac-
tice before the orphans’ court.
li( These papers are found in very few counties.
148 When these records are kept it is either as a matter of convenience or because
of requirements of court rules.
148 In most counties no trace of this record remains at the present time.
450 1783, XI St. at L. 22 sec. 2 rep. 1785, 2 Sm.L. 14.
181 These records are seldom found today.
1,2 1913 P.L. 118 sec. 4 am. 1915 P.L. 1038 sec. 4 so that one copy was no longer to
be lodged in orphans’ court. The act of 1913 was rep. 1919 P. L. 893 sec. 19.
X
Sheriff
Evolution and Structural Organisation. The sheriff or “shire keeper”
is an ancient officer, originating in England or perhaps in Rome and brought
to Pennsylvania by both English and Dutch settlers.1 Under the Duke of
York’s laws, he was the most important officer of the riding, and per-
formed a number of duties which still belong to the sheriff. During that
period the justices annually presented to the Governor the names of three
persons, from whom the Governor selected the sheriff.2 From 1682 until
1838 the freemen of the county elected two candidates from whom the
Governor chose this officer, annually until 1790, and triennially after that
date.3 The Constitution of 1838 made the sheriff a purely elective officer.4
For at least a year before his election the sheriff must have been a resi-
dent of the county and a citizen.5 He may not keep a tavern 6 nor may he
live at a licensed tavern during his residence at the county seat.7 This
officer served for 3 years until 1909 when a constitutional amendment in-
1 For a development of this office in England and Pennsylvania, see Richard C
Sewell, Laiv of Sheriffs, pp. 29, 30, 34; William L. Murfree, A Treatise on the Law
of Sheriffs and Other Ministerial Officers, pp. 5, 19(a) ; William H. Watson, A Prac-
tical Treatise on the Law Relating to the Office and Duty of Sheriff, pp. 194-217.
For a fuller development of the office in England, see Sir Frederick Pollock and Fred-
erick W. Maitland, A History of the English Law Before the Time of Edward I, I, 65,
132, 519; Sidney and Beatrice Webb, English Local Government from the Revolution
to the Municipal Corporations Act: The Parish and the County, pp. 279, 285 ,287, 301 ;
Eastman, op. cit. I, 10, 19, 29, 22; Tanger and Alderfer, op. cit., p. 48; Floward,
op. cit., I, 384; Charter to William Penn, pp. 429, 430.
2 Duke of York’s Book of Laws, March 1, 1664, introduced to Pennsylvania Septem-
ber 22, 1676, in Charter to William Penn, pp. 44, 50.
3 The Frame of Government, April 25, 1682, in Charter to William Penn, p. 97, secs.
17, 18; 1705-6, II St. at L. 272 sec. 1; 1724, IV St. at L. 10 sec. 2; Const, of 1776,
ch. II, sec. 31 ; Const, of 1790, art. VI, sec. 1.
4 Const., art. XIV, sec. 2.
5 Const, of 1838, art. VI, sec. 1 ; Const, art. XIV, sec. 1.
9 1730, 1 Sm.L. 181 sec. 19.
7 1842 P.L. 192 sec. 44. This act does not apply to Mifflin, Juniata, Clearfield,
Luzerne, and Montgomery Counties and was rep. as to Indiana County, 1843 P.L.
379 and as to Carbon County, 1870 P.L. 356.
289
290
COUNTY GOVERNMENT
creased his tenure to 4 years.8 No sheriff may succeed himself in office.9
Vacancies are filled by the Governor, the appointee to hold office until
a new sheriff is chosen in the first general election which takes place 2 or
more months after the vacancy occurred.10 Before assuming office the
sheriff must take an oath, submit to a recognizance, and post a bond.* 11 The
amount of the bond is set by law and ranges from $8,000 in counties with
less than 10,000 inhabitants to $60,000 in third-class counties.12 The
sheriff’s annual salary is also fixed by law and ranges from $1,600 in
eighth-class counties to $6,000 in third and fourth-class counties.13 His
fees, which are stipulated in various laws,14 are paid into the county
treasury.19
Powers and Duties. As an officer of the court the sheriff attends its
sessions,10 “collects court costs, and abates nuisances pursuant to court
order.” 17 He adjourns court in the absence of the judges, prothonotary,
and clerk.18 Since the sheriff is required to serve all processes 19 issued by
the Supreme Court,20 the Superior Court,21 the courts of common pleas
* Const., art. XIV, sec. 2 as am. 1909.
9 1729-30, IV St. at L. 171 sec. 15 required that no sheriff serve more than three
consecutive 1-year terms; Const, of 1790, art. VI, sec. 1; Const, of 1838, art. VI, sec.
1 ; Const., art. XIV, sec. 1 ; 1929 P.L. 1278 sec. 181.
10 1874 P. L. 205; 1929 P. L. 1278 sec. 60 am. 1931 P. L. 401 sec. 1.
11 Const, of 1838, art. VII, sec. 1 ; Const., art. VII, sec. 1 ; The Frame of the Gov-
ernment, October 26, 1696, in Charter to William Penn, p. 250, sec. 8; 1705-6, II St.
at L. 272 sec. 1 ; 1767, VII St. at L. 146 sec. 1 ; 1803, 4 Sm.L. 45 sec. 1, 2 rep. 1876
P. L. 46; 1834 P.L. 537 sec. 62 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 183,
212, 213; 1929 P. L. 1278 sec. 53; 1939 P. L. 359.
12 1929 P. L. 1278 sec. 184 am. 1931 P. L. 401 sec. 1.
13 1876 P. L. 13 sec. 13 am. 1881 P. L. 21 further am. 1887 P. L. 301 further am.
1901 P. L. 641 ; 1876 P. L. 13 sec. 14 am. 1895 P. L. 424; 1921 P. L. 1006 sec. 11 am.
1927 P. L. 377; 1923 P. L. 275 sec. 1 am. 1939 P. L. 272 No. 147; 1925 P. L. 559
sec. 1 am. 1927 P. L. 68 No. 46; 1933 P. L. 14 sec. 1.
14 1901 P. L. 663 am. 1911 P. L. 76 further am. 1915 P. L. 677 further am. 1919
P. L. 297 further am. 1921 P. L. 915 further am. 1929 P. L. 1723 No. 564 rep. as to
counties with a population of 200,000 to 1,500,000, 1915 P. L. 54 sec. 5 and reen. for
such counties as am. 1915 P. L. 54 am. 1919 P. L. 110; 1933 P. L. 1141.
15 1933 P. L. 1141 sec. 2.
10 1907 P. L. 496 sec. 8; Alderfer, The County, p. 26.
17 1836 P. L. 784 sec. 25 am. 1917 P. L. 813.
18 1834 P. L. 333 sec. 64.
19 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp.
25, 50.
20 1860 P. L. 427 sec. 1.
n 1895 P. L. 212 sec. 5.
SHERIFF
291
and quarter sessions and oyer and terminer,22 the juvenile court,23 the
orphans’ court,24 and courts-martial,25 it follows that he makes arrests.28
In civil cases he may set the amount of bail and take bail bonds.27 Upon
request the sheriff must give free of charge a written statement citing the
charge on which any prisoner is held and the amount of bail demanded.28
If a person to be arrested has fled into another county the sheriff of the
second county may be deputized to make the arrest and conduct the pris-
oner to the county where he is wanted.29
The sheriff is charged with keeping the peace and preventing riot and
insurrection.30 He must arrest all deserting husbands,31 all persons selling
liquor within 3 miles of a soldiers’ camp,32 and all persons catching fish
by illegal means.33 The sheriff may seize property used unlawfully such
as horses racing illegally,34 and nets and snares forbidden by law for use
in fishing.35 When the Governor requests assistance from any sheriff, it
must be given by him.36 Between 1919 and 1923 when the registry of auto-
mobiles was a county function, the sheriff was empowered to seize any
such vehicle which had an altered or obliterated identification number.37
22 1860 P. L. 427 secs. 1, 2.
28 1907 P. L. 438 sec. 1.
24 1917 P. L. 363 sec. 17(b).
25 1899 P. L. 133 sec. 80 sup. 1911 P. L. 131 sec. 78 rep. 1915 P. L. 80 sec. 95 but
reen. in sec. 81 rep. 1917 P. L. 113 sec. 72 but reen. in sec. 61 rep. 1921 sec. 73 but reen.
in sec. 59 am. 1923 P. L. 227 sec. 11.
23 Duke of York’s Book of Laws, 1664, in Charter to William Penn, p. 8; 1722, 1
Sm.L. 131 sec. 8; 1836 P. L. 568 sec. 3; 1860 P. L. 427 sec. 32; 1915 P. L. 76 sec. 1.
27 1836 P. L. 568 sec. 9 ; 1836 P. L. 568 sec. 16 am. 1927 P. L. 728 No. 376.
28 1915 P. L. 76.
20 1722, 1 Sm.L. 131 sec. 8; 1836 P. L. 784 sec. 25 am. 1917 P. L. 813; 1860 P. L.
427 sec. 2; 1921 P. L. 899 No. 314.
30 1763-64, VI St. at L. 325 secs. 1, 2; 1771, VIII St. at L. 5 secs. 1, 2; 1771, VIII
St. at L. 120; 1774, VIII St. at L. 366 secs. 1, 2; Alderfer, The County, p. 27.
31 1867 P. L. 78 sec. 1.
32 1875 P. L. 48 sec. 3.
33 1917 P. L. 322 sec. 7.
34 1817 P. L. 122, 6 Sm.L. 432 sec. 3; 1820 P. L. 20, 7 Sm.L. 244 sec. 2.
36 1901 P. L. 301 sec. 33 sup. 1905 P. L. 272 No. 188 sec. 19 sup. 1907 P. L. 50 sec.
17 rep. 1913 P. L. 100 sec. 19 but reen. in sec. 17 ; 1909 P. L. 353 No. 207 sec. 24 rep.
1917 P. L. 1215 sec. 153 but reen. in sec. 140 rep. 1925 P. L. 448 sec. 292 but reen.
in sec. 270; 1919 P. L. 184 sec. 40 rep. 1925 P. L. 448 sec. 292 but reen. in sec. 270;
1917 P. L. 322 sec. 7.
36 Attorney General’s Opinions, vol. 1935-36, pp. 172-176.
37 1919 P. L. 702 sec. 7 rep. 1923 P. L. 425 sec. 19.
292
COUNTY GOVERNMENT
In addition to the writs of the various courts, the sheriff serves processes
emanating from the fiscal officers of the State,38 the Public Utility Com-
mission,30 and the county auditors or controller.40 He is also required to
serve citations for the removal of a poor person from the county to his
legal place of residence.41
Certain conditions are laid down for the sheriff to observe when execut-
ing the various processes. A writ of replevin is served on the person
actually in possession of the goods, whether or not he is the owner. 43
VVrits on railroad companies are served on the highest ranking official of
the line in the county.43 The sheriff may go outside the county to serve a
writ of scire facias upon a mortgagor.44
As a natural part of these duties the sheriff takes persons to jail and
prison 45 and conducts prisoners to the reformatory.40 Upon request he
must report to the Department of Welfare, giving lists of all persons
arrested and taken to prison by him. Moreover, he is required to furnish
the Department with facilities for investigating these reports.47 He may
take violent mental patients to the hospital and return those overstaying
leaves of absence or escaping from the asylum.48
The sheriff is in charge of all property taken in execution proceedings.40
Within 5 days after attachment, he files in the office of the prothonotary
descriptions of all attached property.50 He must advertise a scheduled sale
weekly for 3 successive weeks.51 Whenever there is conflict regarding the
“1811 P. L. 145, 5 Sin.L. 228 sec. 32 rep. 1929 P. L. 343 sec. 1805 but reen. in
secs. 1602(d), 1721.
M 1913 P. L. 1374 art. VI sec. 27 rep. 1937 P. L. 1053 sec. 1502 but reen. in sec. 1009.
10 1834 P. L. 537 sec. 50 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 373.
1925 P. L. 762 sec. 801 am. 1933 P. L. 966 No. 201 sec. 1 rep. 1937 P. L. 2017
sec. 702 but reen. in sec. 502.
43 1901 P. L. 88 sec. 2 am. 1923 P. L. 136 No. 103.
43 1842 P. L. 144 sec. 8.
41 1877 P. L. 76 sec. 2.
45 Duke of York’s Book of Laws, March 1, 1664. in Charter to William Penn, p. 8;
1730, 1 Sm.L. 181 sec. 14; 1829 P. L. 341 sec. 8 art. V.
40 1887 P. L. 63 sec. 9.
47 1929 P. L. 177 sec. 2311.
* 1923 P. L. 998 secs. 306, 407, 408.
49 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 8;
1705-6, II St. at L. 244; 1824 P. L. 119 sec. 1.
50 1836 P. L. 568 sec. 65.
61 1824 P. L. 119 sec. 1 ; 1919 P. L. 1089; 1929 P. L. 1595.
SHERIFF
293
ownership of the entire property to be sold, the sheriff serves a rule con-
cerning it.52 If a third party claims part of the goods levied on as his, a
hearing is held to determine whether the claim shall be allowed. If it is
permitted the sheriff appoints an appraiser to determine the value of the
goods held by the plaintiff. Unless the claimant pays for the appraisal, the
sheriff may assume that he has abandoned his rights to the goods which
therefore may be sold.33 On order of the court the sheriff may sell im-
mediately any perishable goods levied on.51 He is also authorized to sum-
mon an inquest of six men who determine whether the rents from a
property will be sufficient to defray the liens against it within 7 years. If
so, the sheriff need not sell it.55 The sheriif is empowered to appoint a
watchman for any property in his custody,56 and he may enter a property
by force in order to sell it.57 He may not dispose of the property of any
corporate body without first filing a statement with the Department of
Revenue to ascertain whether there are other public liens against it.58 After
every sheriff’s sale a deed is given to the purchaser by the sheriff.59 These
are noted in the prothonotary’s office.60 When the sale has been accom-
plished, the sheriff makes a report to the court which thereupon appoints
an auditor to distribute the proceeds among the various creditors.61 The
sheriff files with the prothonotary a schedule of the proposed distribution.
If no objections are filed within the time limits set by the court, the sheriff
pays out the money according to the schedule. If exceptions to this return
are made, however, the court makes the final decision.82
02 1879 P. L. 127 sec. 1 am. 1885 P. L. 152, sec. 1.
M 1848 P. L. 448 sec. 9 applied only to Philadelphia and Luzerne counties, extended
to the whole State 1850 P. L. 597 sup. 1897 P. L. 95 rep. 1931 P. L. 883 sec. 22 but
reen. in secs. 1, 6, 7.
H 1836 P. L. 606 sec. 8.
“ 1705-6, 1 Sm.L. 57 sec. 2 sup. 1836 P. L. 755 secs. 44, 49 am. 1879 P. L. 122 No.
123 sec. 2 further am. 1881 P. L. 13 secs. 1, 2.
50 1907 P. L. 243 rep. 1927 P. L. 1019 sec. 2 but reen. in sec. 1 ; 1933 P. L. 1141 sec.
Kd).
67 1925 P. L. 99.
58 1901 P. L. 344 No. 213 sup. 1907 P. L. 250 rep. 1911 P. L. 1098 sec. 3 but reen.
in sec. 1 sup. 1929 P. L. 343 secs. 1402, 1712. Prior to 1929 this statement was filed
with the Auditor General.
“ 1836 P. L. 755 sec. 94; 1873 P. L. 199 No. 192.
" 1893 P. L. 127 No. 78 sec. 1 ; 1905 P. L. 265 sec. 5.
81 1827 P. L. 471 secs. 1-3 sup. 1836 P. L. 755 secs. 86-89; 1846 P. L. 411 sec. 2.
62 1862 P. L. 364 sec. 1 applied only to Allegheny County am. to apply to all coun-
ties 1901 P. L. 357 further am. 1931 P. L. 542.
294
COUNTY GOVERNMENT
At the dose of a sheriff's term of office, all writs as yet unexecuted are
delivered to his successor to be executed by him. They are just as binding
as if they had originally been given to the new sheriff for execution.63
From the period when the Duke of York’s laws were in force, the sheriff
has had a great deal of power over the jail which was built in each county.
He nominated the marshal or undersheriff who acted as warden.64 Various
laws passed during the colonial period show that the sheriff might either
act as warden himself or appoint someone to do so.65 An act of 1790 stipu-
lated that in each county the jail be in the charge of the sheriff who ap-
pointed as many employees as he deemed necessary.66 In many counties the
sheriff himself was jail warden. This system still prevails in sixth, seventh,
and eighth-class counties, but more recent legislation has required that else-
where the sheriff relinquish all or part of his authority over the county
jail or prison. In 13 of the more populous counties special laws have de-
prived the sheriff of this power and supplanted him by special boards of
prison inspectors.67 The sheriff of a fifth-class county has had absolutely
no control over the county prison since 1921 when the county commission-
ers were placed in complete charge of that institution.66 Since 1909 an
ex officio prison board has functioned in counties with from 150,000 to
250,000 inhabitants,60 and in 1921 an identically constituted board was
established in all third and fourth-class counties without conflicting special
laws.70 The sheriff, along with the county commissioners, controller, dis-
trict attorney, and quarter sessions judges, belongs to the board of in-
spectors in such counties. In counties of the third, fourth, and fifth classes
these boards are empowered to select the warden of the county prison.
In sixth, seventh, and eighth-class counties, however, the sheriff is in
almost as complete control over the county prison as he was in colonial days.
In the majority of these counties he still acts as warden. Numerous laws,
both special and general, formerly provided that he receive an allowance
from the county for boarding prisoners. But today the sheriff of such
counties receives merely the expenses actually incurred by him for the care
“ 1836 P. L. 761 secs. 101, 102 and 1875 P. L. 27 sec. 1, both rep. 1927 P. L. 114
No. 78 sec. 2 but reen. in sec. 1 rep. 1929 P. L. 1278 sec. 1051 but rcen. in sec. 185.
“ Duke of York’s Book of Laws, in Charter to William Penn, pp. 50, 55.
“ 1730, 1 Sm.L. 181 secs. 14, 15, 19.
“ 1790, 2 Sm.L. 531 sec. 28.
r‘ See essay on Prison Authorities.
“1921 P. L. 470.
“ 1909 P. L. 262 No. 171.
m 1921 P. L. 579.
SHERIFF
295
and maintenance of prisoners. The county pays these only on receipt of
itemized bills.71 Since 1899, however, this officer has shared his authority
over the employment of prisoners, with a prison board, composed first of
the sheriff, president judge, and county commissioners,72 and after 1907 of
the sheriff and county commissioners alone.73
From the time of the earliest English settlement in Pennsylvania, the
sheriff has had varying responsibilities relating to the selection of jurors.
Before 1682 he issued warrants to the town constables who chose the
jurors, either from the town overseers or other “able and discreet men” of
the parish.74 In colonial Pennsylvania the sheriff was permitted to select
the jurors from the freemen of the county on any basis he chose.75 A law
of 1805, however, required that the names of prospective jurors be drawn
by lot from a jury wheel by the sheriff and county commissioners.76 But
with the creation of the office of jury commissioner in 1867, the sheriff’s
duties have decreased. After the jury wheel has been filled he has charge
of its key.77 He helps the jury commissioners draw the names from the
wheel 78 and summons the jurors drawn.79 Since 1925, however, the sheriff
of a third-class county has had nothing to do with the selection of jurors,
which is the duty of the jury board alone. He still, however, summons
the persons whose names have been drawn. If anyone fails to return the
reply card sent to him, the sheriff serves him in person with his summons. sn
11 1925 P. L. 559 sec. 1 am. 1927 P. L. 68 No. 46 (sixth-class counties) ; 1933 P. L.
14 sec. 1 (seventh-class counties) ; 1923 P. L. 275 sec. 1 am. 1939 P. L. 272 No. 146
sec. 1 (eighth-class counties).
12 1899 P. L. 89 sec. 3.
73 1907 P. L. 247 sec. 3.
74 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 33.
75 Laws Agreed upon in England, May 5, 1682, in Charter to William Penn, p. 100
sec. 8; The Body of Laws, December 7, 1682, in Charter to William Penn, ch.
XXXVIII p. 117; Laws of the Assembly, October 25, 1683, in Charter to William
Penn, ch. CXLVI p. 164; Petition of Right, 1693, in Charter to William Penn, ch.
LXIX p. 214; 1700, II St. at L. 132 ch. XCVIII; Laws of the Assembly,
March 1, 1683, in Charter to William Penn, ch. LXIX p. 129 abrogated by William
and Mary provided for the drawing by lot of the names of jurors to serve in crim-
inal cases.
78 1805, 4 Sm.L. 237 sec. 1 sup. 1834 P. L. 333 sec. 79.
77 1867 P. L. 62 sec. 2.
79 Ibid., sec. 3.
75 1834 P. L. 333 sec. 125.
80 1925 P. L. 244 sec. 5 am. 1929 P. L. 495 further am. 1937 P. L. 2782 sec. 3 further
am. 1939 P. L. 157 sec. 5.
COUNTY GOVERNMENT
296
In all counties a juror who has served may demand a certificate of attend-
ance from the sheriff.81
The sheriff’s duties in connection with elections, like his jury duties, have
decreased in recent years. In colonial days he was judge of elections, had
charge of the ballot boxes, and appointed various election officials.82 From
the early days of Pennsylvania’s history he gave notice of approaching
general elections, except township and borough elections,83 as well as of
special elections due to vacancies in the State legislature 84 or in Congress 85
or to disqualification of a Governor or Lieutenant Governor.80 Notice
was given in a newspaper published in the county. In counties without
any newspapers, a designated number of handbills had to be published
and posted in every election district.87 The sheriff also received lists of
candidates for State and National offices from the Secretary of the Com-
monwealth and for local officers from the county commissioners.88
Since 1937, however, these duties have belonged to the county com-
missioners acting as the county board of elections 80 and the sheriff’s
only remaining responsibilities at election time include keeping the
polling place clear 90 and serving on the return board whenever any of its
members are ineligible.91
" 1 S34 P L. 333 sec. 129.
1705-6, II St. at L. 212 sec. 3: 1766, VII St. at L. 32 secs. 9, 11.
1700, II St. at I.. 24 cli. XXVIII sec. 2; 1777, IX St. at L. 14 sec. 5; 1799, 3
Sm.L. 340 sec. 14 rep. 1839 P. L. 519 sec. 171 but reen. in sec. 13 rep. 1891 P. L. 349
sec. 37 but reen. in sec. 10 rep. 1937 P. L. 1333 sec. 1901 ; 1802, 3 Sm.L. 483 sec. 1
rep. 1339 P. L. 519 sec. 174 but reen. in secs. 24, 27; 1821 P. L. 247, 7 Sm.L. 470
sec. 4 rep. 1839 P. L. 519 sec. 174; 1885 P. L. 144 No. 112 sup. 1893 P. L. 419 sec.
10 am. 1895 P. L. 392. all rep. 1937 P. L. 1333 sec. 1901.
Laws of the Assembly, October 26, (696, in Charier to William Penn, p. 249 sec.
5; 1799, 3 Sm.L. 340 sec. 15 rep. 1839 P. L. 519 sec. 174 but reen. in secs. 35-38 rep.
1937 P. L. 1333 sec. 1901.
8S 1802, 4 Sm.L. 208 sec. 1 rep. 1839 P. L. 519 sec. 174 but reen. in see. 41 rep.
1937 P. L. 1333 sec. 1901.
1839 P. L. 519 see. 34; 1874 P. L. 208 sec. 37, both rep. 1937 P. L. 1333 sec. 1901.
6 1799, 3 Sm.L. 340 sec. 14 rep. 1839 P. L. 519 sec. 174 but reen. in sec. 13; 1885
P. L. 144 No. 112 sec. 1, both rep. 1937 P. L. 1333 sec. 1901.
” 1 S91 P. L. 349 sec. 9; 1893 P. L. 419 sec. 9 am. 1897 P. L. 127 sec. 1 further am.
1903 P. L. 338 sec. 1, all rep. 1937 P. L. 1333 sec. 1901.
w 1937 P. L. 1333 secs. 301, 302.
* 1839 P. L. 519 sec. Ill rep. 1937 P. L. 1333 sec. 1901 but reen. in secs. 1207, 1821.
81 1874 P. L. 31 sec. 13 am. 1899 P. L. 127 further am. 1909 P. L. 425 further am.
1923 P. L. 267 further am. 1925 P. L. 103 rep. 1937 P. L. 1333 sec. 1901 but reen.
in sec. 1403(b).
SHERIFF
297
A number of miscellaneous duties and responsibilities belong to the
sheriff. Whenever there is a vacancy in the office of coroner the sheriff
may legally perform any of the coroner’s duties,92 just as the coroner may
act as sheriff when that office is vacant.93 In third-class counties the sheriff
belongs to the board of managers of the house of detention.94
Until 1937 the sheriff received from the magistrates all fees designated
for the use of the poor. He in turn gave them to the proper authority.05
The sheriff must publish notice of approaching divorce actions if one party
cannot be located.96 Persons entitled to sequestration of rents, issues, and
profits of life estates are put into possession and kept there by the sheriff.97
Whenever the prothonotary is party to a suit, the sheriff may act as pro-
thonotary.98 The sheriff is authorized to issue licenses to carry firearms 09
and prior to 1937 was allowed to institute proceedings against persons
betting on elections.100 In a conspicuous place in his office he is obliged to
post a list of his fees,101 while he must give an itemized receipt to anyone
requesting it.102
The sheriff may appoint certain assistants, among them a chief deputy
who may perform any of the duties of his principal. This officer serves at
the pleasure of the sheriff. His compensation is fixed by the salary board
or by the sheriff if there is no salary board.103 Additional deputies may
also be appointed.104 Special provisions permit the sheriff of sixth-class
62 1929 P. L. 1278 sec. 190 added 1931 P. L. 401 sec. 6.
03 1803, 4 Sm.L. 45 sec. 7 sup. 1834 P. L. 537 sec. 75 rep. 1929 P. L. 1278 sec. 1051
but reen. in sec. 204 am. 1933 P. L. 945.
84 1921 P. L. 840 sec. 1.
65 1836 P. L. 539 sec. 40 rep. 1937 P. L. 2017 sec. 702.
96 1929 P. L. 1237 sec. 29.
97 1849 P. L. 676 sec. 5.
88 1836 P. L. 715 sec. 35.
‘'"1931 P. L. 497 sec. 7 rep. 1939 P. L. 872 sec. 1201 but reen. in sec. 628(f).
100 1839 P. L. 519 sec. 616 rep. 1937 P. L. 1333 sec. 1901.
101 1711, II St. at L. 331 sec. 3; 1803, 4 Sm.L. 45 sec. 10 sup. 1834 P. L. 537 sec. 18
sup. 1901 P. L. 663 sec. 4 sup. 1933 P. L. 1141 sec. 4; 1821 P. L. 50 sec. 14 rep. as to
counties of from 300,000 to 1,500,000 population 1915 P. L. 54 sec. 5.
102 1803, 4 Sm.L. 45 sec. 9 sup. 1834 P. L. 537 sec. 17 sup. 1901 P. L. 663 sec. 4 sup.
1933 P. L. 1141 sec. 5.
105 1887 P. L. 185 No. 126 sec. 4 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec.
187 ; 1917 P. L. 237 No. 129 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 186; 1923
P. L. 349 No. 221 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 187 am. 1931 P. L.
401 sec. 1.
101 1929 P. L. 1278 sec. 186.
298
COUNTY GOVERNMENT
counties to have as many deputies and clerks as he wishes.105 In seventh-
class counties the number of deputies and their salaries arc determined by
a special salary hoard composed of the sheriff and the county commission-
ers. Any sheriff dissatisfied with the decision of the board may appeal to
the court of common pleas.1'"' I he sheriff of a third-class county may ap-
point a i ^al estate deputy, who takes charge of all matters concerning
sheriff s sales of real estate and the distribution of the proceeds. He may
also peitorm an)' other duties of the sheriff. 1 1 is compensation is set bv
law at $4,000 a year.1'" Before anyone may secure an appointment as dep-
uty sheri!!, there must he on file in the prothonotary's office his photograph
and an affidavit to the effect that the applicant meets certain designated
requirements. I0S In third,100 fourth,110 and fifth-class 1,1 counties the sheriff
may appoint a solicitor, learned in the law who gives legal advice, conducts
any litigation pertaining to the office when requested by the sheriff, and
holds office for the term for which his principal is elected. In third-class
counties his compensation is fixed by the salary board; in fourth-class
counties it is set by law at $500 per annum; while in fifth-class counties it
is determined by the salary board, but may not exceed $500 a year.
Records. Records of the sheriff are described below:
APPOINTMENT OF DEPUTIES
List of Applicants for Deputy Sheriff, 1937 — .
These are lists of all persons who have applied for the position of deputy
sheriff and who meet the qualifications.112
Record of Appointment of Deputies. Title varies: Deputies.
In a few counties the sheriff has kept a record of all appointments of
deputies, showing the name, date of appointment, and badge number.113
11 1923 P. L. 559 see. 6 am. 1929 P. L. 132 No. 133 sup. 1929 P. L. 1278 sec 189
,0* 1933 P. L. 14 sec. 2.
11,7 1929 P. L. 163 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 187.1 added 1931
P. L. 401 sec. 5.
'* 1937 P. L. 1575 secs. 1-3.
1925 P. L. 313 sup. 1929 P. L. 1278 sec. 188 am. 1931 P. L. 401 sec. 1.
1933 P. L. 183 declared unconstitutional 87 Super. 387 sup. 1929 P. L 1278 sec
188 am. 1933 P. L. 401 sec. 1.
"‘1929 P. L. 1666 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 188 am. 1933
P. L. 401 sec. 1.
1937 P. L. 1595 sec. 4. These lists are not often found, for the sheriff is not
required to preserve them, but merely to have them posted for 10 days. The photo-
graphs and affidavits of prospective deputy sheriffs are on file with the prothonotary.
u> This record is not required, and is seldom kept by the sheriff.
SHERIFF
299
Deputies’ Bonds.
The bonds posted by deputy sheriffs are sometimes filed with the sheriff.
The information given includes the deputy’s name and address, date and
conditions of obligation, and signatures of deputy, surety, and witnesses.114
Canceled Commissions of Special Deputy Sheriffs.
The canceled commissions of special deputy sheriffs are sometimes pre-
served in the sheriff’s office. They show date of commission, deputy’s name
and commission number, and the sheriff’s signature.113
SERVICE OF WRITS
Original Writs. Title varies: Old Writs; Processes; N.S.F. (Not
Sufficient Funds); Miscellaneous Executions; Holds and Rules,
Levies Made, Personal Property Sales; Real Estate Levy and
Real Estate Sale.
The original writs found in the sheriff's office are those which, for some
reason, he has not served. They may be current writs which will soon be
served. Old writs found here have been kept because the costs have not
been paid or the persons to receive them cannot be found.
Copies of Writs. Title varies. Habeas Corpus; Statement of Claims
and Libels ; Orders.
Duplicates of writs served by the sheriff, showing names of parties and
attorneys, court, term and case number, date and type of writ, date served,
amount of debt, costs, and signature of deputy.
Lists of Writs Received.
In some counties the sheriff has kept lists of the writs which he has received
for service. They show the number and type of writ ; date of issue, names
and addresses of the parties, court, term and case number, signature of
prothonotary or clerk of courts, and date filed.116
Return of Writs, Title Varies: Summons — Dead; Summons —
Alive; Sundry — Dead; Sundry — Alive; Sheriff’s Returns of Real
Estate; Personal Property — Dead; Personal Property — Alive;
Subpoenas in Divorce — Dead; Subpoenas in Divorce — Alive.117
The sheriff sometimes keeps on file the returns of all papers served by him.
114 In most counties these are kept in the prothonotary’s office with the bonds of
other county officers.
116 These are seldom preserved by the sheriff.
118 These lists are not preserved by every sheriff.
117 A file marked “Dead” contains writs on which all fees have been paid. The
one labeled “Alive” is made up of writs on which fees are still due. When they are
paid the card is removed and placed in the dead file.
300
COUNTY GOVERNMENT
They are filed either altogether or separately according to the type of paper.
They show court, term and case number, names of the parties and plain-
'd IT’s attorney, type of writ, month when fees were remitted to the controller
or treasurer, advance and total costs, date of return of each writ, nature of
service, amount of fees, and remarks." s
Daily Record of Writs Returned. Title varies: Entering Docket
Judicial Writs ; Sundry Dockets.
Some sheriffs keep a daily record of writs returned showing the date;
names of plaintiff, defendant, and attorney; type of writ; amounts of debt,
interest, and costs; and name of office credited.110
Sheriff’s Docket, dates vary.
Every sheriff must keep a docket in which he enters “all writs which come
into his hands and the proceedings thereon.” 1"rt It is a record of all writs
served and of the resultant sales of property. It shows the names of parties,
court, term and case number, title of action, date and time filed, attorney’s
name, amount involved, costs and fees, disposition of case, and sheriff’s
signature.121
Summons Docket. Title varies : Appearance Docket.
This is a record of summons issued showing the court term and case
number, names of parties and attorneys, type of writ, dates issued and
returned, and costs.122
Capias Docket.
In a few counties the sheriff keeps a separate record of writs of capias
served by him or his deputies. It shows defendant’s name and address,
name of person for whom writ is issued, court term and case number, date
and number of writ, total costs, and name of sheriff or deputy who served
the writ.123
"* These files are not kept in every county, for the sheriff places information on
return of writs in his docket.
This record is not kept in every county.
1S0At the end of every sheriff’s term of office, he is supposed to place his dockets
in the prothonotary’s office. This practice is seldom followed, however.
121 1834 P. L. 333 sec. 78.
In some counties a Summons Docket is not kept and this information is found in
Sheriff’s Docket.
13 This separate docket is seldom kept. Usually writs of capias are entered in
Summons Docket or Sheriff’s Docket.
SHERIFF
301
Attachment and Bench Warrant Docket.
In a few counties the sheriff keeps a separate record of attachments and
bench warrants issued. It shows the names of parties, dates of issue and
service, type of paper, by whom it was issued and served, and costs.124
SALES OF PROPERTY
Execution Docket.
A record of writs issued in execution proceedings, showing names of parties
and their attorneys; dates of execution and of issue of fieri facias; court
term and case number; amount of personal property; dates of levy, settle-
ment, judgment, and satisfaction ; type and amount of fees ; costs ; total
debt ; date paid ; and sheriff's signature.125
Sheriff’s Sales Docket. Title varies: Real Estate and Personal
Property Sales Record ; Execution Docket, Condemnation of Real
Estate ; Record.128
This is a record of sheriff's sales of levied real and personal property. The
information contained includes the following : court term and case number ;
names of parties and attorneys; name of court; date and type of writ;
location and description of property; amount of debt, interest, execution
costs and commissions ; date and amount of sale ; name of sheriff conduct-
ing sale; and proof of publication.127
Distribution Record. Title varies: Transcript Book,
fn some counties the sheriff keeps a special record of the distribution of
funds received from executions showing the date ; defendant’s name ; type
of writ ; itemized list of receipts, expenditures, and costs ; schedule of dis-
tribution; and affidavit.
Sheriff’s Deed Book.
Some sheriffs keep a record of deeds transferred through sheriff’s sales of
real estate. It shows court term, case and scire facias numbers, name of
324 This is usually placed in Summons Docket or Sheriff’s Docket rather than in a
separate record.
126 In some counties a separate Execution Docket is not kept, but these matters are
merely entered in Sheriff’s Docket. Occasionally a Scire Facias Docket is kept in
addition to the Execution Docket.
128 Sales of real estate and personal property are sometimes each recorded in separate
books, and in other counties both entered together in Sheriff’s Sales Docket.
127 In some counties a separate Sheriff’s Sales Docket is not kept and this infor-
mation is found in Execution Docket or Sheriff’s Docket.
302
COUNTY GOVERNMENT
real owner, date and amount of sale, name and address of grantee, person
receiving the deed, and the date of deed.'2S
Record of Deeds Acknowledged.
A record of the acknowledgment of sheriff's deeds is sometimes kept by the
sheriff. It shows the date of deed, court term and case and deed numbers,
grantee’s name, and date recorded.129
State Lien Records.
In this file are kept duplicates of notices sent to the Auditor General and
the Department of Revenue of sales of property of corporations or partner-
ships and statements of the Department of Revenue of all liens filed against
partnerships or corporations. The information given includes the date,
defendant's name, date of notice of sale, location and description of prop-
erty, amounts, and certification and signature of sheriff.130
SELECTION OF JURIES 131
Jury Book, 1834 — . Title varies: Jury Venire Lists; List of Jurors
Drawn.
This is a record of those persons who have acted as jurors,132 showing
court term; dates of service; and name, residence, and occupation of each
juror.133
Jury Lists.
In some counties the sheriff keeps the lists sent to him by the prothonotary
and the clerk of courts. Upon the information in these lists he based the
Jury Book. The information shown includes the name, address, and occu-
pation of everyone summoned for jury duty; and states whether each per-
son actually served, defaulted, or was excused.134
1:8 This is a very infrequently kept record.
1=3 This is not a required record and is seldom kept. For recording of these deeds,
see the prothonotary’s records.
130 1901 P. L. 344 No. 213 sup. 1907 P. L. 250 rep. 1911 P. L. 1098 sec. 3 but reen.
in sec. 1 sup. 1929 P. L. 343 secs. 1402, 1712. Since the preservation of these papers
is not compulsory, they are seldom kept by the sheriff.
131 Additional jury records are often kept by the county commissioners, the protho-
notary, the clerk of courts, and the jury commissioners.
’"Although this is a required record, it does not actually date back to 1834 in every
county.
133 1834 P. L. 333 secs. 127, 128.
134 The sheriff is not obliged to save these lists after entering the information in the
Jury Book. In some counties the lists are kept in lieu of the Jury Book and in others
in addition to it.
SHERIFF
303
Names Placed in the Jury Wheel. Title varies: Jury List.
The sheriff sometimes keeps lists of all the names placed in the jury wheel
to be drawn for jury service. They show the name, address, and occupation
of each potential juror; the date filed; and signatures of the jury commis-
sioners, their clerk, a judge, and the sheriff.135
Notices of Acceptance of Jury Service.
These notices show the names of juror and sheriff; juror’s address; dates
of issue, of return, and of jury service; and juror’s signature.136
ISSUANCE OF FIREARMS LICENSES
Duplicates of Firearm Permits, must be kept on file for 6 years
after the permit is issued.137
These are duplicates of the firearm permits issued by the sheriff. The fol-
lowing information is shown: date; number of the permit; period for
which license was granted ; name and address of licensee ; birthplace and
citizenship status ; physical description ; reason for carrying the weapon ;
make, number, and caliber of gun, and signatures of licensee and sheriff.138
Record of Firearms Permits. Title varies : Gun Permits ; License
to Carry Firearms.
The sheriff sometimes keeps in a book a record of all firearms permits
issued by him. It shows the date; license number; name and address of
applicant; the reason for carrying weapon; number, make, and caliber of
firearm ; whether applicant holds a hunter’s license ; and the fee.139
FINANCIAL TRANSACTIONS 140
Sheriff’s Account Book. Title varies : Ledger.
A record of the sheriff’s accounts, showing the date, name of account, pur-
pose and amount received or reported, and total.
115 This is not a required record and is very seldom kept.
U8 These notices are very seldom kept on file by the sheriff.
117 F°r special firearms permits issued in connection with hunting licenses, see the
treasurer’s records.
1937 P. L. 497 sec. 7 rep. 1939 P. L. 872 sec. 1201 but reen. in sec. 628(f).
The sheriff is obliged to keep a record of all firearms permits issued bv him. In
most counties the file of duplicate permits takes the place of this record. In a few
counties, however, this record is kept in place of or in addition to the duplicates.
The sheriff is obliged to keep financial accounts which are subject to examina-
tion by the auditors or controller, 1929 P. L. 1278 secs. 341, 342, 344; 1929 P. L. 1278
sec. 363 am. 1931 P. L. 401 sec. 1. Where there is a controller he prescribes the form
in which these records are kept.
304
COUNTY GOVERNMENT
Daily Record of Receipts and Expenditures. Title varies: Day
Cook; Sheriff’s Journal; Journal.’41
A daily record of all the financial transactions of this office, showing the
date; itemized receipts and expenditures; names of payer, payee, and ac-
count ; amounts ; and totals.142
Receipts.
The sheriff sometimes keeps on file copies of receipts issued in his office.
Each one shows the court term and case number; date, number, and amount
of receipt; the payee’s name; and sheriff’s signature.148
Sheriff's Reports. Title varies: Fee Book.
Copies of the monthly reports of the sheriff to the treasurer and con-
troller 141 are sometimes kept. They show all costs received and fees earned.
The information given is usually as follows: the date; court term and case
number ; type of service ; county costs, fines, jury fees, court costs, and total
paid to the count}’ ; general expenses ; and total.145
Orphans’ Court Business.
In some counties the sheriff keeps a separate record of accounts in de-
cedents’ estates. It shows the date; court term and case number; name and
last address of decedent; attorneys’ names; type of service; dates of entry,
service, and return ; costs ; and date audited.140
MISCELLANEOUS 147
Criminals Wanted, dates vary but are usually recent.
Occasionally there may be found in the sheriff’s office various papers relat-
ing to criminals. In most cases they are the notices, posters, and booklets
received from various police agencies concerning wanted criminals. The
In a few counties accounts receivable and accounts payable are kept in separate
books.
The sheriff may keep his accounts in this form or in that shown in Sheriff’s
Account Book. Sometimes both forms are used in one county.
IW These papers are found in very few counties.
Reports are made to the treasurer when fees are handed over to him at the end
of each month. Reports are made to the controller whenever he requires them,
usually once a month.
Since the preservation of copies of these reports is not obligatory, they are not
found in every county.
"’’This record is seldom kept.
“T None of these records are required and therefore several of them will not be
found in every county.
SHERIFF
305
contents of these papers are as follows : the date when the notice was issued,
all information available on the criminal and the fingerprints and photo-
graph of the wanted person.148
Record of Criminal Cases. Title varies: Record.
A record of the criminal cases of the county is sometimes prepared and
kept by the sheriff. It usually shows the names of defendant and judge,
court term and case number, charge, sentence, and disposition.
Miscellaneous Papers: Title varies: Petitions and Court Orders;
Hospital Commitments; Receipts from Institutions.
The sheriff sometimes keeps in one file miscellaneous papers which do
not belong elsewhere in his records. These may consist of any or all of
the following: petitions for commitment to a hospital for mental diseases,
reports of lunacy commissions, notices of elections and certificates of nom-
inations,149 canceled appointments of special deputy sheriffs, foreign attach-
ments, and copies of petitions and court orders.150
Deputy Sheriff’s Work Index Cards.
This is a card record of papers served by deputy sheriffs, showing names
of defendant, attorney, and plaintiff ; court term and case number; date and
character of instrument ; and dates received, returnable, and returned.
Rent and Property Claims.
Filed here are property, rent, and exemption claims ; notice of claims ; and
writs of fieri facias. They show the names of parties and sheriff, court
term and case number, inventory and appraisement, date of filing of inter-
pleader, signatures of sheriff and claimant, and correspondence pertaining
to the case.151
Correspondence.
The sheriff may keep on file the correspondence of his office.
148 Similar papers are often kept by the district attorney and the county detective.
118 These election records are for dates prior to 1937. Current records similar to
them are kept by the county board of elections.
I!l0 Sometimes jury lists are also placed with these miscellaneous papers. In some
counties one or more of these types of papers may be filed separately with a suitable
title such as Hospital Commitments.
181 These papers are seldom found in the sheriff’s office. In most counties the
prothonotary keeps them.
XI
Coroner
Evolution and Structural Organization. William Penn s Frame of Gov-
ernment made the coroner a county officer and formulated provisions for
the selection of this official which continued to be followed for more than a
century and a half. The freemen of each county elected two persons from
whom the Governor selected the coroner.1 * The constitutions of 1776 and
1790 stipulated that the same method be used,- and it was not until 1838
that this office became a wholly elective one.3 A 1-year term was designated
prior to 1790 4 * * and a 3-year term until 1909/’ when the coroner’s tenure,
like that of all county officers, was increased to 4 years.1'
For at least a year before his election, the officer must have been a resi-
dent of the county and a citizen.7 * * In case of a vacancy, the Governor ap-
points a new coroner to serve for the remainder of the original term.s
An oath, to be filed in the office of the prothonotary, is required before
the coroner may assume office.0 Ihe coroner posts a bond one-fourth as
large as that required from the sheriff, and acknowledges it before the re-
corder of deeds.10 This officer receives an annual salary in counties above
the sixth-class, ranging from S3, 000 in third-class counties, to 81,500 in
1 The Frame of the Government, 1682, in Charier to William Peim, p. 97 sec. 17;
William Penn’s Charter to the People, 1683, in Charter to IVilliam Pena, p. 159 sec.
16; 1705-6, II St. at L. 272 sec. 1.
1 Const, of 1776, ch. II, sec. 31; Const, of 1790, art. VI, sec. 1.
"Const, of 1838, art. VI, sec. 1.
‘The Frame of Government, 1682, in Charter to William Penn, p. 97 sec. 17; Wil-
liam Penn’s Charter to the People, 1683, in Charter to William Penn, p. 159, sec. 16;
1705-6, II St. at L. 272 sec. 1 ; Const, of 1776, ch. II, sec. 31.
“Const, of 1790, art. VI, sec. 1; Const, of 1838, art. VI, sec. 1 ; Const, art. XIV,
sec. 1.
"Const, art. XIV, sec. 1 as am. 1909; 1929 P. L. 1228 sec. 201.
7 Const., art. XIV, sec. 3.
" 1929 P. L. 1278 sec. 60; 1929 P. L. 1278 sec. 205 am. 1931 P. L. 401 sec. 1.
'Const., art. VII, sec. 1.
"'1791, 3 Sm.L. 8 sec. 1 ; 1803 P. L. 497 secs. 1, 2 rep. 1876 P. L. 46; 1834 P. L.
537 secs. 66, 67 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs. 201, 212, 213; 1939
P. L. 359.
306
CORONER
307
fifth-class counties.11 In the less populous counties, the coroner receives
no salary, but is paid by fees, the amounts of which are set by law.1'
Powers and Duties. The coroner’s chief duty is to investigate all sudden,
mysterious, or violent deaths occurring within the county. In such cases he
may hold an inquest, calling any witnesses he needs,13 and summoning a
coroner’s jury.14 When he decides that an inquest is not necessary, he
receives the same fees and mileage as if he had held one.15 Whether or not
an inquest is held, the coroner issues a certificate stating the probable cause
of death.16 The costs of an inquest are borne by the county, but if death
be adjudged a case of murder or manslaughter, they are paid from the
slayer’s property.17 It is usually the custom for the coroner to investigate
all deaths occurring in prison.18 Whenever a death occurs without medical
attention, a certificate is issued by the coroner before burial is permitted.19
All fatal accidents in anthracite 20 and bituminous 21 coal mines must be
investigated by the coroner. The jurors at such inquests must neither be
employed by the mine or colliery where the accident occurred nor financially
interested in it. When an inquest is held into a fatal accident in an anthra-
cite mine, the majority of the jurors must be qualified miners.22
The law provides that in cases where a death occurs more than 10 miles
from the coroner’s office or when the coroner is for any reason unable to
be present, a justice of the peace may hold an inquest.23 This practice is
followed to a considerable extent in the sparsely settled counties of Penn-
sylvania. In fact, Montour County has never had a coroner, and the local
justices take care of all cases which otherwise would require the service of
this officer.
Upon presentment of two successive grand juries, any county must
"1921 P. L. 1006 sec. 11 am. 1927 P. L. 377; 1927 P. L. 348 No. 212; 1927 P. L.
168 No. 140.
12 1814 P. L. 352, 6 Sm.L. 228 sec. 19 am. 1927 P. L. 168 No. 141.
“ 1907 P. L. 92 secs. 1, 2 am. 1935 P. L. 710 sec. 2.
14 1857 P. L. 536 sec. 1.
16 1897 P. L. 8 No. 6.
16 1915 P. L. 900 sec. 8.
17 1814 P. L. 352, 6 Sm.L. 228 sec. 19 am. 1927 P. L. 168 No. 141.
18 Alderfer, The County, p. 27.
19 1905 P. L. 330 sec. 8 sup. 1915 P. L. 900 sec. 8.
20 1891 P. L. 176 art. XIII secs. 2-6.
21 1911 P. L. 756 art. XXVII secs. 1-4.
22 1891 P. L. 176 art. XIII sec. 6; 1911 P. L. 756 art. XXVII sec. 2.
23 1841 P. L. 400 sec. 15.
308
COUNTY GOVERNMENT
establish a morgue, the location of which is approved by the county com-
missioners, the coroner, and a judge of the court of common pleas. The
coroner is in complete charge of the morgue, determining what bodies shall
be placed there, whether they shall be embalmed, and when they shall be
buried. Whenever a dead body is found in a public place, however, or
whenever an unknown person is found dead, such bodies must be placed
in the county morgue. At the death of an unidentified person within the
county, his effects are kept in the morgue in the coroner’s charge. If they
are not claimed within a year, the coroner sells them, the proceeds of such
sales going into the county treasury. Employees of the morgue are ap-
pointed by the coroner who may remove them at any time. The number
and salaries of such employees are fixed by the salary board or by the
county commissioners in counties without a salary board. 21
In counties without a morgue, the coroner is authorized to use any con-
venient private morgue, the owner of which is compensated by the county.25
In such counties the coroner himself keeps the effects of any unidentified
dead person until the person entitled to them is found.29
A coroner is permitted to appoint and dismiss at will as many deputies
as he considers necessary. A deputy has the same powers as the coroner
and in counties below the fourth class, he receives the same fees as his
principal.27
The coroner acts as sheriff in case of a vacancy in that office, holding
office until a new sheriff is legally commissioned and notice of that fact is
given to the coroner.28 Moreover, the sheriff substitutes for the coroner
under similar circumstances.20 As a natural phase of this relationship be-
tween the two offices, any writs on the sheriff are served by the coroner.30
In every county having a controller, all of the coroner’s books and
papers are open to that officer’s inspection.31
5‘ 1 893 P. L. 457 am. 1899 P. L. 52; 1929 P. L. 1278 sec. 203.
“1911 P. I.. 717.
1 907 P. L. 92 sec. 2 am. 1935 P. L. 710 sec. 2.
37 1889 P. L. 162 No. 180 rep. 1929 P. L. 1278 sec. 1051; 1893 P. L. 330 No. 269
am. 1917 P. 1.. 1 084 rep. 1929 P. L. 1278 sec. 1051; 1929 P. L. 1278 sec. 202.
' 1803 P. L. 497 sec. 7 sup. 1834 P. L. 537 sec. 75 rep. 1929 P. L. 1278 sec. 1051
hut reeti. in sec. 204 am. 1933 P. L. 945.
“ 1929 P. L. 1278 sec. 190 added 1931 P. L. 401 sec. 6.
M 1901 P. L. 614 sec. 1 (15).
1876 P. L. 13 sec. 10; 1895 P. L. 403 No. 288 secs. 4, 5 rep. 1929 P. L. 1278 sec.
1051 but reen. in secs. 341, 342.
CORONER
309
Records. Except for accounts of the business of his office 32 no records
are required to be kept by the coroner. In many counties, however, he
does keep records as a matter of convenience.
Coroner’s Reports of Autopsies and Inquests.
These are usually copies of the reports made by the coroner to the court
of quarter sessions.33 The reports of inquests give the following informa-
tion : date of inquest ; name, address, and physical description of deceased ;
date, place, and cause of death; names of jurors, witnesses, and persons
who identified the body; condition of the body; findings; and signatures
of coroner and jury. The reports of autopsies show the date of autopsy;
name, address, marital status, and physical condition of deceased ; place
and date of death and location of body; examination and analysis of organs
and their contents ; findings and explanation ; and signature of examining
physician.34
Coroner’s Inquest Docket. Title varies: Coroner’s File Record.
A record of inquests held, showing date and place of inquest, name of
deceased ; date and place of death ; names of coroner, jurors, and witnesses ;
findings of the jury; and coroner’s signature.35
Financial Reports. Title varies : Coroner’s Monthly Reports.
Duplicates of financial reports which the coroner prepares and sends once
a month to the controller 38 or county commissioners. The information
contained is as follows : date of inquest or investigation, name of deceased,
cost of viewing body, witness and jury fees, mileage, other expenses, and
totals for each case and month.37
32 1929 P. L. 1278 sec. 363 am. 1931 P. L. 401 sec. 1.
33 For the originals of these reports see the records of the clerk of the quarter ses-
sions and oyer and terminer.
81 Reports of autopsies are sometimes placed in one file and reports of inquests in
another.
36 This docket is kept less frequently than are the Coroner’s Reports.
85 1929 P. L. 1278 secs. 342, 344.
87 1814 P. L. 352, 6 Sm.L. 228 sec. 19 am. 1927 P. L. 168 No. 141.
XII
district Attorney
Evolution and Structural Organization. The predecessor of the district
attorney was the former deputy attorney general, appointed in each county
by the State Attorney General. Although there was no particular law
creating these deputies, their existence was recognized in a number of
acts.1 A law passed in 1850 required that a district attorney be elected in
each county to supplant the deputy attorneys general.2
The district attorney must be an American citizen 3 and a resident of
the county 2 years prior to his election. Additional qualifications for this
officer relate to his legal experience. These vary in the different classes of
counties. No district attorney is permitted to be a member of the State
legislature during his term of office or to hold any other office under the
laws or constitution of the State except in the militia.4 He served for
3 years 5 * until a constitutional amendment of 1909 increased his tenure to
4 years.0 A district attorney may be re-elected. Vacancies are filled by the
court of common pleas, the appointees to hold office for the remainder of
the unexpired term.7 In the temporary absence of the district attorney
from court, however, the court may appoint someone to perform his duties
until the district attorney or his assistant appears in person.8 An oath is
required from this officer before he may take office.0 The annual compen-
sation of district attorneys has been set by law and ranges from $750 in
1 Eastman, op. cit., II, 471.
‘ 1850 P. L. 654 am. 1852 P. L. 45 rep. as to Dauphin County 1853 P. L. 667 sec. 7
but reen. for the entire State 1883 P. L. 15; 1929 P. L. 1278 sec. 245.
3 Const., art. XIV, sec. 3.
* 1883 P. L. 15 sec. 1 am. 1927 P. L. 348 No. 213, the amendment rep. 1929 P. L.
1278 sec. 1051 ; 1883 P. L. 15 sec. 1 am. 1929 P. L. 163 No. 157 rep. 1931 P. L. 401
sec. 26; 1929 P. L. 1278 sec. 246 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L.
2619 sec. 1 further am. 1939 P. L. 464.
3 1850 P. L. 654 sec. 1 ; Const., art. XIV, secs. 1, 2.
" Const., art. XIV, sec. 1, art. XIV, sec. 2 as am. 1909.
7 1929 P. L. 1278 sec. 247. See also 1850 P. L. 654 sec. 3 am. 1859 P. L. 617.
‘ 1855 P. L. 308 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 261.
“Const., art. XIV, sec. 1; 1850 P. L. 654 sec. 2.
310
DISTRICT ATTORNEY
311
counties with less than 10,000 inhabitants to $7,500 in third-class counties.10
The county must pay the expenses of the district attorney and any officers
under his supervision,* 11 and must supply him with an office at the county
seat and necessary furnishings, supplies, and services.12 In addition, he is
provided with a digest of the laws of Pennsylvania, and any books on
evidence, criminal law, and criminal procedure which the district attorney
selects and one of the judges approves.13 If the district attorney accepts
“any fee or reward not prescribed for his official duties’’ or is willfully or
grossly negligent, he is guilty of a misdemeanor. Upon conviction, he may
be fined and imprisoned, and his office is declared vacant.14
Powers and Duties. The district attorney signs all bills of indictment
and conducts all criminal prosecutions in the name of the State. Without
the approval of the court, he may neither enter nolle prosequi in a criminal
case nor discharge a prisoner from custody.15 Before any trial, he must
notify at least one person whose presence there is desired by the
defendant.16
Whenever it appears to the district attorney that anyone convicted within
the county during the past 2 years is a fourth offender, he files a complaint,
accusing the person of three previous convictions for serious offenses ;
thereupon action is taken by the court in which the person was last found
guilty.17
Among the few persons permitted to attend the sessions of the grand
jury are the district attorney and his assistants.18 Whenever a person about
to be discharged by the grand jury for want of prosecution seems insane,
the district attorney prepares a new indictment to be considered by the
grand jury in determining whether or not the person is insane.18
10 1919 P. L. 795 am. 1933 P. L. 830; 1929 P. L. 1278 sec. 246 am. 1931 P. L. 401
sec. 1 further am. 1937 P. L. 2619 further am. 1939 P. L. 464.
11 1923 P. L. 1973 sec. 1.
12 1923 P. L. 226 (applied to counties of fourth to eighth classes) sup. 1929 P. L.
1278 secs. 56, 57 (apply to all counties) ; 1929 P. L. 1278 sec. 556.1 added 1931 P. L.
401 sec. 19; Northstein v. Carbon County. 5 Dist. 69 (1896).
13 1929 P. L. 476 No. 193 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 250 added
1931 P. L. 401 sec. 9.
“I860 P. L. 382 sec. 17; 1929 P. L. 1278 sec. 348.
“ 1850 P. L. 654 sec. 1.
“ 1935 P. L. 643 No. 228 sec. 2.
17 1929 P. L. 854 sec. 4 rep. 1939 P. L. 872 sec. 1201 but reen. as am. in sec. 1108(a, d).
18 1929 P. L. 1794 (applies only to third-class counties) ; George J. Edwards, Jr.,
The Grand Jury, p. 108.
18 1860 P. L. 427 secs. 6, 8.
312
COUNTY GOVERNMENT
A number of miscellaneous duties belong to the district attorney. He
must make investigations of all applications for public dance hall licenses
and may require the State Motor Police, the county detective, or any
constable to help him in doing so. He is permitted to forfeit or revoke any
such licenses.20 Until 1937 he was authorized to petition for the with-
drawal of beer licenses,21 and to sue for the collection of forfeited malt
beverage license bonds.22 The responsibility of beginning action against
a negligent railroad employee belongs to the district attorney.23 He also
gives to a member of the court papers concerning the commitment of chil-
dren to institutions. The judge makes the final decision in the matter.24
The district attorney is also responsible for investigating cases of alleged
fraud in elections.25
In third and fourth-class counties the district attorney is a member of
the board of inspectors of the county jail or prison.20 The district attorney
of any third-class county, with the approval of the county commissioners,
may buy and maintain with county funds a police radio receiving and trans-
mitting set for his office. 2T
Certain subordinates may be appointed by the district attorney. The
number of assistant district attorneys is fixed by law at not more than six
in third-class counties, four in fourth-class counties, two in fifth-class coun-
ties, and one in sixth and seventh-class counties. Court approval is needed
before any such appointments may be made in sixth and seventh-class coun-
ties. In a sixth-class county with two or more judges of the court of com-
mon pleas, the district attorney may name two assistants if consent is given
by the court. The salary board of a third-class county, in case of emergency
or increased business, may allow the district attorney to appoint as many
additional assistant district attorneys as the court will approve. The com-
3" 1927 P. L. 968 secs. 4, 6.
: 1933 P. L. 25 2 sec. 13 am. 1933-34 (Sp. Sess.) P. L. 75 No. 14 sec. 1 further am.
1935 P. L. 1217 sec. 1 am. 1937 P. L. 1827 sec. 3.
“ 1933-34 (Sp. Sess.) P. L. 15 sec. 410 am. 1935 P. L. 1246 further am. 1937 P. L.
1762 sec. 1.
'-1 1865 P. L. 30 sec. 2.
1893 P. L. 399 sec. 4.
“ 1893 P. L. 419 sec. 27 am. 1903 P. L. 338 sec. 4 rep. 1937 P. L. 1333 sec. 1901;
1933 P. L. 1333 sec. 302(i).
:1 1909 P. L. 262 sec. 1 ; 1921 P. L. 579 sec. 1. In any third- or fourth-class county
with a board of prison inspectors set up by special law, the district attorney is not a
member of the board.
17 1929 P. L. 1278 sec 251 added 1937 P. L. 898 No. 238.
DISTRICT ATTORNEY
313
pensation of all regular assistant district attorneys is fixed by law.28 In a
county for which there are no provisions for the appointment of an assist-
ant, the district attorney, with the approval of the president judge or the
salary board, if there is one, may appoint one to aid in the preparation and
trial of any indictment for homicide or murder. The remuneration of this
officer is approved and recommended by the judge presiding at the trial,
but it may not exceed $400. At present these provisions are applicable
only to eighth-class counties.29 Whenever there is no regular assistant and
the district attorney is unable to perform his duties, he may appoint “some
competent attorney of the county” to act as his deputy for one term of
court.30 In fourth-class counties, the district attorney may select an addi-
tional subordinate known as the indictment and cost clerk.31
The county detective and his assistants 32 are appointees of the district
attorney in third, fourth, fifth, and sixth-class counties. In seventh and
eighth-class counties the district attorney may employ a detective for the
investigation of any crimes committed in the county and in any county
he may hire additional special detectives whenever the court of quarter
sessions deems their services necessary.
The district attorneys of all counties are authorized to employ clerks and
stenographers. In third-class counties the salary board determines the
number and compensation of such assistants.33 The district attorney of any
fourth to eighth-class county may hire one or more stenographers, the
number and salary of whom are determined by law.34
Fingerprint experts may be employed by any district attorney to assist in
investigations of pending cases and to testify when these cases come to
trial. The district attorney may take the fingerprints of any inmate of the
county jail and may require the warden or any other person to take such
fingerprints.35
-8 1929 P. L. 1278 sec. 256 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L. 2619
sec. 2 further am. 1939 P. L. 233 ; 1929 P. L. 1278 sec. 257.
20 1909 P. L. 44 No. 26 rep. 1929 P. L. 1278 sec. 1051 but reen. as am. in sec. 259.
80 1850 P. L. 654 sec. 7 sup. 1929 P. L. 1278 sec. 260.
81 1919 P. L. 83 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 258 am. 1931 P. L.
401 sec. 1.
32 See essay on County Detective.
33 1929 P. L. 1278 sec. 258 am. 1931 P. L. 401 sec. 1.
84 1929 P. L. 1278 sec. 262 am. 1931 P. L. 401 sec. 1 further am. 1935 P. L. 657
further am. 1937 P. L. 2619 sec. 2.
85 1927 P. L. 414 sec. 5 (a, b).
314
COUNTY GOVERNMENT
This officer must give any information requested by the State Board of
Pardons 30 and by the Department of Welfare.37 At the request of any
prison warden, the district attorney is obliged to forward to him a crim-
inal history of any given criminal.38
Records. The only record actually required by law to be kept by the
district attorney is the Fingerprint File. In a few counties, however, one
or more of the other records shown are kept by this officer.
Fingerprint File, 1927 — .
In this file have been kept the fingerprints of persons convicted of crimes
and of well-known and habitual criminals. The information shown is
usually as follows: the name, address, aliases, sex, age, criminal history,
and fingerprints of the person.30
Aldermen’s and Justices’ Returns, recent dates. Title varies: In-
formation.
These are the returns of aldermen and justices of the peace on defendants
awaiting trial. They show court term and case No.; names of defendant,
prosecutor, and arresting and committing officials ; the charge and disposi-
tion; and signature of official making return.'10
Court Papers. Title varies : Cases for Grand Jury ; Cases for Trial ;
Baby Cases in Prenatal Stage; Fugitives; Desertion and Non-
support, Cases to be Nol-prossed; Sentence File; Old Sentences;
Cases to be Non-prossed upon Payment of Costs; Statements in
Criminal Court Cases ; Police Inspection — Liquor Reports — Petition
for Extradition ; Statement in Liquor, State Police, Numbers Cases
and Miscellaneous.41
The court papers found in the district attorney’s office, although infre-
quently kept, vary greatly from county to county. They may consist of any
or all of the following: processes awaiting disposition by the grand jury,
" 1931 P. L. 71 No. 53 sec. 1.
87 1929 P. L. 177 sec. 2311.
34 18S9 P. L. 103 sec. 2.
80 1 927 P. L. 414 sec. 5(c). Although the district attorney is required to keep and
arrange these files, in many counties these records are actually kept by the Pennsyl-
vania Motor Police.
*" Upon the completion of the case these papers are filed with the clerk of the court
of quarter sessions and oyer and terminer.
“ Any or all of these papers may be found in any county, filed either together or
separately according to the type of case or paper.
DISTRICT ATTORNEY
315
bills returned by the grand jury, returns and bills of costs of aldermen
and justices relating to defendants awaiting trial, papers concerning cases
in which trial is delayed because of the defendant’s pregnancy, subpoenas
and bills of indictment in cases prepared for trial when the defendant is a
fugitive, processes to be nol-prossed, papers filed in cases where the sen-
tence has not yet been given, copies of statements in criminal court cases,
and transcribed notes of testimony.
Lists of Cases. Title varies : Untried Cases.
The district attorney sometimes keeps lists of cases to be tried, showing
court term and case number; names of prosecutor, defendant, and wit-
nesses ; and the charge.
District Attorney’s Docket. Title varies : Non-support Surety
Docket.
The district attorney sometimes keeps a record of criminal cases. It usually
shows the date ; court term and case number ; names of defendant, prose-
cutor, and arresting official ; the charge ; amount of bail and name of surety ;
date when information was filed ; and the disposition, if any.
Bail Forfeited.
A separate record of forfeited recognizances is sometimes kept by this
officer. It shows the date when the process was issued ; court term and
case number; names of defendant, prosecutor, and surety; the charge;
amount of bond; date; and signature of official ordering forfeiture.
Maps.
The district attorney sometimes keeps maps showing the location of crimes
and accidents which occurred in the county.
XIII
County Detective
Evolution, Powers, and Duties. The office of county detective was first
established only in Philadelphia 1 and Allegheny ■ counties by special laws.
In the other counties, however, this office has developed from the special
detective first authorized by a law of 1874 which provided that whenever
necessary the district attorney, with the approval of the court of quarter
sessions, might hire a detective to aid in the solution of any crimes com-
mitted in the county.3 In many counties a special detective was appointed
with such regularity that he became known as the county detective. After
1910 several laws were passed recognizing this situation, and permitting
counties to set up this office. Varying conditions were prescribed for coun-
ties within different population ranges.'1
I he provisions now in effect concerning this officer are those laid down
by the General County Law of 1929 and its amendments. In third-class
counties, there may be one chief detective, five assistants, and as many
other detectives as the salary board and the court will permit.5 Counties of
the fourth class may have a chief county detective, an assistant, and as
many as two special detectives.® One chief and one assistant may be ap-
pointed in fifth-class counties.' In counties of the sixth class the appoint-
1 1869 P. L. 1011 No. 1001 ; 1872 P. L. sec. 604.
3 1870 P. L. 359.
a 1874 P. L. 219 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 281.
*1913 P. L. 157 No. 107 (for counties having from 300,000 to 700,000 population) ;
1919 P. L. 437 No. 215 (this act permitted the appointment of an assistant county
detective in counties having between 150,000 and 250,000 inhabitants, although no law
had definitely authorized the naming of a chief county detective in such counties) ;
1919 P. L. 727 sec. 1 (for counties containing less than 100,000 inhabitants).
“ 1921 P. L. 535 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 277 am. 1931 P. L.
401 sec. 1.
"1919 P. L. 437 No. 215 rep. 1921 P. L. 243 sec. 3; 1921 P. L. 243 secs. 1, 2 rep-
1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 277 am. 1931 P. L. 401 sec. 1.
7 1925 P. L. 592 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278 sec. 278 am. 1931 P. L.
401 sec. 1 further am. 1937 P. L. 941 further am. 1939 P. L. 441 No. 252 sec. 1.
252 sec. 2.
316
COUNTY DETECTIVE
317
ment of one county detective is permitted,8 while in seventh and eighth-
class counties, one may be employed whenever there are crimes to be in-
vestigated.0 A special detective, analagous to that provided for in the law
of 1874, may he designated whenever the court of quarter sessions deems
his services necessary.10
Any of these officers serves during the term of the particular district
attorney who appointed him and who may remove him for any reason.11
They must take an oath before assuming office.12 For the more populous
counties the salaries of the detective and his assistants are fixed by law.13
In fifth-class counties their compensation is determined by the court of
quarter session.14 In sixth-class counties it is set within legal limits by the
salary board or the president judge,15 and in seventh and eighth-class coun-
ties their remuneration is decided upon by the district attorney subject to
the approval of the president judge.10
County detectives have all the rights and powers conferred by law upon
constables to the extent that they concern crimes and criminal procedure.
They make investigations when requested by the district attorney and try
to secure evidence which is needed for the criminal cases being considered.
They perform any other duties which are requested by the district
attorney.17
Records. There are no legal requirements for the keeping of records
by the county detective, and records are very seldom found in his office.
8 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401 sec. 1 further am. 1939 P. L. 441 No.
252 sec. 2.
” 1929 P. L. 1278 sec. 279 am. 1931 P. L. 401 sec. 1.
10 1929 P. L. 1278 sec. 281.
" 1929 P. L. 1278 sec. 277; 1929 P. L. 1278 sec. 278 am. 1931 P. L. 401 sec. 1
further am. 1937 P. L. 941 further am. 1939 P. L. 441 No. 251 sec. 1 ; 1929 P. L. 1278
sec. 279 am. 1931 P. L. 401 sec. 1 ; 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401 further
am. 1939 P. L. 441 No. 252 sec. 2.
12 1929 P. L. 1278 sec. 53.
13 Ibid., sec. 277 am. 1931 P. L. 401 sec. 1.
14 1929 P. L. 1278 sec. 278 am. 1931 P. L. 401 sec. 1 further am. 1937 P. L. 941 sec.
1 further am. 1939 P. L. 441 No. 252 sec. 1.
15 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401 sec. 1 further am. 1939 P. L. 441 No.
252 sec. 2.
16 1929 P. L. 1278 sec. 279 am. 1931 P. L. 401 sec. 1.
17 1929 P_L. 1278 sec. 277; 1929 P. L. 1278 sec. 278 am. 1931 P. L. 401 sec. 1
further am. 1937 P. L. 941 further am. 1939 P. L. 441 No. 252 sec. 1 ; 1929 P. L.
1278 sec. 279 am. 1931 P. L. 401 sec. 1 ; 1929 P. L. 1278 sec. 280 am. 1931 P. L. 401
sec. 1 further am. 1939 P. L. 441 No. 252 sec. 2.
318
COUNTY GOVERNMENT
For his own convenience, he sometimes keeps various papers relating to
criminals.
Criminal Records and Photographs. Title varies : Rogues’ Gallery ;
Crime Record ; F. B. I. Criminal Records.
These papers consist of photographs and information concerning criminals
and persons wanted by law-enforcement authorities. In some counties, the
persons with whom these records deal are those who have been charged
with crime, convicted or acquitted or are wanted in the county itself. The
records in other counties are of wider scope, and relate to persons convicted
or wanted in other States and counties and by the Federal Government.
The information given in these records varies, but it usually consists of
the name, address, description, photograph, occupation, family connections,
chirography, fingerprints, and classifications, and criminal history of the
person, with an account of the particular crime for which he is wanted.
XIV
Grand Jury
Evolution and Structural Organisation. The origin of the grand jury
reaches so far back into the past that it cannot be definitely indicated. It is
known, however, that it was a purely Anglo-Saxon institution and had
not been imported into England from the Continent.1 The grand jury was
provided for in the earliest laws of Pennsylvania under William Penn.2
The original Constitution of the United States made no mention of the
grand jury but the people quickly noticed the omission and by popular
demand a guarantee for it became part of the Bill of Rights which soon
was inserted in the Constitution. “No person shall be held to answer for a
capital or otherwise infamous crime unless on a presentment or indictment
of a grand jury.” 3 All Pennsylvania constitutions since that time have
provided for it indirectly when they say: “No person shall, for any in-
dictable offense, be proceeded against criminally by information, except in
cases arising in the land or naval forces or in the militia, when in active
service in time of war or public danger, or by leave of the court for oppres-
sion or misdemeanor in office.” 4 * Since all offenses are indictable in Penn-
sylvania, this article is all-inclusive.6
Although a grand jury may be composed of from 12 to 24 jurors, no
more than 23 are called, since a decision is made by 12 concurring votes.8
At first grand jurors were chosen by the sheriff on any basis he chose,7
but since 1805 their names have been drawn by lot, at first from a separate
jury wheel.8 Since 1816 one jury wheel has been used for the drawing of
1 Edwards, op. cit., p. 31.
3 Laws Agreed upon in England, 1682, in Charter to William Penn, p. 100, sec. 8;
The Body of Laws, 1682, in Charter to William Penn, ch. XXXVIII, p. 117; Laws
of the Assembly, 1683, in Charter to William Penn, ch. LXVIII, p. 129.
3 Const, of U. S., amendment V.
* Const, of 1790, art. IX, sec. 10; Const, of 1838, art. IX, sec. 10; Const., art. I,
sec. 10.
6 Edwards, op. cit., p. 34.
8 Ibid ., p. 45.
T 1700, II St. at L. 132 ch. XCVIII.
8 1805 P. L. 183, 4 Sm.L. 237 sec. 1 sup. 1834 P. L. 333 sec. 79.
319
320
COUNTY GOVERNMENT
all jurors’ names, but grand jurors’ names are chosen first.9 Until 1867 the
sheriff and county commissioners drew the name slips. Now the names of
jurors, except in third-class counties, are drawn by the sheriff and the jury
commissioners.10 In third-class counties the drawing since 1925 has been
under the supervision of the jury board.11
Grand jurors must be qualified voters of the county.12 In third-class
counties, there are additional qualifications for jurors. They must under-
stand English and must never have been convicted of a felony. No lawyer
or practicing physician may serve on a jury in such counties.13 Grand
jurors serve for one term of court, but if the judge feels it necessary, he
may require them to appear a week earlier or remain for an additional week
beyond the scheduled term.11 After a juror has served, his name may not
be replaced in the jury wheel until a year has elapsed.15
Whenever an insufficient number of grand jurors appear, the judge may
fill the vacancies by resorting to a talcs de circumstantibus. This consists
of summoning bystanders to serve as jurors.16 Grand jurors may be re-
moved for cause, but peremptory challenges, permissible in the case of
petit jurors, are forbidden against grand jurors.17 No bond is required, but
all jurors must take an oath. Thereafter any juror is entitled to admin-
ister oaths to witnesses and other jurors.18 The compensation of jurors is
set by law at $3 a day and mileage.10 The actual amounts paid in the coun-
ties vary, however.
Powers and Duties. The grand jury has two entirely different functions.
It is an accuser and intermediary between the local magistrates and the
court, and it is also an approver of certain public works and an inspector of
the various county institutions.
Tn the first respect, its duty is to consider cases brought to its attention,
in order to determine whether there is sufficient evidence to hold the accused
“1816, 6 Sm.L. 322 sec. 1.
10 1867 P. L. 62 sec. 3.
11 1925 P. L. 244 sec. 6 am. 1937 P. L. 2782 sec. 4; 1939 P. L. 157 sec. 6.
12 1867 P. L. 62 sec. 2.
” 1925 P. L. 244 sec. 2; 1939 P. L. 157 sec. 2.
“ 1875 P. L. 28 sec. 2 am. 1927 P. L. 420 sec. 2.
” 1834 P. L. 333 sec. 136.
Edwards, op. cit., p. 52.
17 Ibid., p. 82.
18 1826 P. L. 204 sec. 1 rep. 1860 P. L. 427 sec. 79 but reen. in sec. 10.
'” 1933 P. L. 851 No. 153.
GRAND JURY
321
person for trial. Cases are brought to the grand jury through either pre-
sentment or indictment. The former refers to the bringing up of cases
from their own knowledge by members of the grand jury, while the latter
method is by a written accusation “preferred to and presented upon oath
by the grand jury.’’ In case of introduction of cases by presentment an
indictment always follows.20
Grand jury sessions are held behind closed doors, attended only by the
person bringing the charge, the accused person, the district attorney, and
witnesses summoned for the prosecutor by the district attorney. It hears
only evidence in favor of the prosecution,21 secured from three sources :
from the court, from the district attorney and his witnesses, and from the
jurors’ own observations and investigations.22 Unlike Federal grand juries
and those of other states, a grand jury in Pennsylvania may not itself call
in witnesses.23 The accused person may not be represented by counsel nor
is he permitted to say anything in his defense or bring in witnesses.24 The
jurors may not be forced to disclose what evidence they considered, or
how their vote stood.25 Witnesses called before the grand jury must give
all information demanded unless it tends to incriminate them. In such
cases, however, unless a witness admits that the reason for refusal to
testify is fear of personal incrimination, he may be indicted for contempt
of court.28
If the jury finds a true bill, the case is held for trial, and if no true bill
is found, the grand jury decides whether the costs of prosecution are to
be paid by the county or the prosecutor.27 If a person about to be dis-
charged seems insane, the grand jury is empowered to investigate the
matter, after which the court impanels a jury to investigate the person’s
sanity.28 Whenever anyone is dismissed as innocent by the grand jury no
appeal from its actions is possible.29
20 Edwards, op. cit., pp. 130, 131.
_1 1887 P. L. 158 sec. 1 ; 1929 P. L. 1794 applies only to third-class counties.
22 Edwards, op. cit., p. 109.
23 Edwards, op. cit., p. 101.
ulbid„ p. 36.
m Ibid., pp. 109, 116.
28 Ibid., p. 133.
27 1860 P. L. 427 sec. 62.
28 Ibid., sec. 68.
28 Edwards, op. cit., p. 40,
322
COUNTY GOVERNMENT
Approval by the grand jury and the court of quarter sessions is necessary
before certain public works may be constructed and various changes made
within the county. The grand jury must approve the establishment of new
boroughs 30 as well as the annexation of territory by any borough now in
existence.31 Its consent must be given before any county road or bridge
may be built, vacated, or removed.32 If a township or borough declares
itself unable to afford the maintenance of any township or borough bridge,
the grand jury investigates the matter and decides whether it shall become
a county bridge or remain in its present status.33 Grand jury and court
approval must be secured for all expenses for repairs and alterations of the
public buildings of the county.34 Neither a county home for children 35
nor a shelter for vagrants 30 may be established without the same approval.
In the latter case, the grand jury fixes the amount which may be expended
for a shelter. The grand jury and the court must also approve the con-
struction of county sewers and disposal plants,37 as well as additions to
the poorhouse,3s and construction work for the abolition of a grade cross-
ing,39 and the abandonment, removal, vacation,40 or replacement 41 of a
county bridge.
Certain other actions require the approval both of the court and two suc-
cessive grand juries. Such is the case when any land is to be purchased for
county purposes 42 and when any workhouse,43 morgue,44 or other county
“1834 P. L. 163 see. 2.
31 1927 P. L. 519 sec. 410.
32 1929 P. L. 1278 secs. 771-774, 916.
13 Ibid., sec. 751 am. 1931 P. L. 401 sec. 1.
34 1929 P. L. 1278 sec. 552.
“1921 P. L. 666 No. 281 sec. 1, 9 am. 1931 P. L. 22 No. 21. Until 1931 this act
applied only to counties of the fourth to eighth classes.
30 1876 P. L. 154 sec. 6.
17 1929 P. L. 1278 sec. 1003.
" Ibid., sec. 615.
*’ 1903 P. L. 164 No. 123 sec. 1.
‘"1915 P. L. 711 rep. 1929 P. L. 1278 sec. 1051 hut reen. in sec. 734.
41 1907 P. L. 3 sec. 1 am. 1929 P. L. 3 rep. 1931 P. L. 401 sec. 26; 1929 P. L. 1278
sec. 732 am. 1931 P. L. 401 sec. 1.
43 1929 P. L. 1278 sec. 566.
" 1767, VII St. at L. 84 sec. 4; 1895 P. L. 377 No. 269 sec. 1 rep. 1929 P. L. 1278
sec. 1051 but reen. in sec. 568.
“ 1893 P. L. 457 No. 327 sec. 1 am. 1899 P. L. 52 sec. 1.
GRAND JURY
323
building 45 is to be constructed or rebuilt. The same approval is required
in order for the county to build a soldiers’ monument or memorial hall, or
to finish an incompleted one.46
Records. No records need be kept by the grand jury. The reports of
their findings in criminal matters brought before them, however, are found
among the records of the clerk of the court of quarter sessions and oyer
and terminer. Likewise among the records of the clerk of courts will prob-
ably be filed the reports of the grand jury’s periodical inspection of county
institutions. In a few counties the latter reports are found in the county
commissioners’ office.
40 1834 P. L. 537 sec. 10 am. 1883 P. L. 58 sec. 1 further am. 1911 P. L. 1039 sec. 1
further am. 1921 P. L. 271 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in secs.
552, 553, 566.
46 1895 P. L. 96 sec. 1 am. 1901 P. L. 184 rep. 1929 P. L. 1278 sec. 1051 ; 1909 P. L.
18 No. 12 rep. 1929 P. L. 1278 sec. 1051 ; 1929 P. L. 1278 secs. 592, 593.
XV
Solicitor
Evolution, Powers, and Duties. The law requires that all suits by a
county be brought and conducted by the county commissioners, who are
defendants when the county is sued.1 During the nineteenth century it
became the custom for the commissioners to appoint a solicitor, often re-
ferred to as the commissioners’ attorney or counsel, to represent them in
such cases. In 1895 such appointments were given legal authorization,2
and at present every county has a solicitor.3
This officer, who must be “an attorney-at-law admitted and qualified to
practice in the courts of Pennsylvania" is designated by the county com-
missioners and holds office during the term of the commissioners who ap-
pointed him. Whenever the county is involved in unusually difficult or
excessive litigation, the commissioners may employ additional attorneys to
assist him.4 * * In third-class counties, the commissioners may appoint a regu-
lar assistant solicitor who performs any legal duties assigned to him by
the commissioners or solicitor.'' Before assuming office, the county solicitor
must take an oath '■ and file an agreement with the commissioners that he
will pay into the county treasury all fees and commissions he will receive
from any source a^ county solicitor. His compensation is determined by
the commissioners. The annual salaries of county solicitors in Pennsylvania
now range from 8150 to $5, 000. 7
I he solicitor commences and prosecutes all suits brought by the county
and defends all actions brought against the county. Recent laws require
1 1834 P. L. 537 sec. 5 rep. 1929 P. L. 127S sec. 1051 but reen. in sec. 1031.
3 1895 P. L. 101 Xo. 75 am. 1903 P. L. 11 No. 11 rep. 1929 P. L. 1278 sec. 1051 but
reen. in secs. 151-153.
'' Pennsylvania Manual, 1939, pp. 954-976.
'Cumberland County v. Belidiorros, 19 Pa. C. C. 614 (1897) ; Carpenter v. North-
umberland County Commissioners, 26 Dist. 46 (1916) ; Light v. Lebanon County, 292
Pa. 494 (1928) ; Manheim v. Board of County Commissioners of Venango County
330 Pa. 95 (1938).
* 1929 P. L. 1278 sec. 154 added 1931 P. L. 401 sec. 4.
"1929 P. L. 1278 sec. 53.
7 Pennsylvania Manual, 1939, pp. 954-976.
324
SOLICITOR
325
that he also act as solicitor for the registration commission 8 and the county
board of elections.9 He is permitted to attend the annual meetings of the
State Association of County Commissioners, for which a limited amount
is paid by the county for his expenses.10 The solicitor must perform any
other professional duties which the commissioners require of him.
Records. The law does not require that any records be kept by the
county solicitor, and those records which are found have been kept merely
as a matter of convenience.
Solicitor’s Papers. Title varies: County File.
In this file are usually kept originals or copies of miscellaneous papers, such
as correspondence and briefs concerning matters handled by the solicitor.
The information shown includes the dates, names of the adverse parties,
type of case or subject under consideration, and status and final disposition
of the matter.11
8 1937 P. L. 487 sec. 6; 1937 P. L. 849 sec. 7.
8 1933 P. L. 1333 sec. 306.
10 1913 P. L. 199 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 71 ; 1921
P. L. 76 sec. 1 rep. 1929 P. L. 1278 sec. 1051 but reen. in sec. 72.
11 The solicitor’s opinions are sometimes placed on file in the county commissioner’s
office.
XVI
Prison Authorities
Evolution and Structural Organisation. The earliest laws of Pennsyl-
vania required that a prison be built in each town where the courts were
held.1 * The sheriff was in charge of it and appointed the marshal whose
duties corresponded to those of present-day jail warden.- For many
years thereafter, the sheriff and employees appointed by him, under super-
vision of the court of quarter sessions, had complete charge of the county
jail.3 * But a law passed in 1899 required that there be established in every
county a prison board, the primary function of which was to supervise
prison labor, at that time limited to manual work. The board was composed
of the president judge, the county commissioners, and the sheriff.'* In 1907
its composition was changed to include only the commissioners and the
sheriff, but the influence of the president judge was not lost, for his ap-
proval of all rules and regulations made by the board was required.5 * It was
stipulated that the sheriff still retain his power of appointing the warden
and staff of the jail.0
Although the prison board thus constituted was designated for every
county, so many exceptions have been made that at present it exists only in
sixth, seventh, and eighth-class counties. The first exception was made in
the original law of 1899 which stipulated that in any county where control
of the prison was vested by special law in a board of inspectors or man-
agers, that board should continue in operation and perform any additional
duties laid down by the act of 1899. 7 The counties in which boards of
inspectors had been established by special law include Philadelphia,8
1 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp. 47,
65; Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 139, ch.
Cl; A Petition of Right, June 1, 1693, in Charter to William Penn, p. 208 ch. 53.
3 Duke of York's Book of Laws, March 1, 1664, in Charter to William Penn, pp.
50, 55.
3 1790, 2 Sm.L. 531 sec. 28.
* 1899 P. I.. 89.
5 1907 P. L. 247 secs. 2, 3.
r' 1899 P. L. 89 sec. 7 am. 1903 P. L. 299 No. 232 sec. 1.
; 1899 P. L. 89 sec. 3.
' 1790, 2 Sm.L. 531 sec. 23; 1809 P. L. 25; 1823 P. L. 100 sec. 2; 1835 P. L. 232.
326
PRISON AUTHORITIES
327
Chester,9 Dauphin,10 Berks,* 11 Lancaster,12 Montgomery,13 Schuylkill,14
Allegheny,15 Delaware,16 Luzerne,17 Lehigh,18 Northampton,19 and North-
umberland.20 These boards are constituted differently in the various coun-
ties. The members are usually appointed either by the court or the county
commissioners or both, but in Berks and Lancaster they are elected, and
in both Schuylkill and Northumberland the county commissioners ex officio
make up this board. In Allegheny County a group of county officers act
as a board of inspectors and in turn appoint the board of managers which
corresponds to the prison boards in other counties.
In 1909 a still different system was set up in counties of between 150,000
and 250,000 population. In every such county there was established a
board of inspectors of the county jail or prison consisting of the judges
of the court of quarter sessions, the district attorney, the sheriff, the con-
troller, and the county commissioners. This board has control, not only
over the labor of the prisoners, but over their safekeeping and discipline
and the government and management of the prison. Moreover the board,
rather than the sheriff, was given the power to appoint the warden.21 Since
1921 the provisions of this act have been applied to all third and fourth-
class counties.22
The system now in force for fifth-class counties likewise went into effect
in 1921. The prison there is under exclusive control of the county com-
missioners.23
6 1839 P. L. 10.
10 1841 P. L. 189.
11 1848 P. L. 399 supp. 1873 P. L. 62S.
12 1850 P. L. 89 rep. 1937 P. L. 2779.
13 1851 P. L. 388.
“ 1852 P. L. 211.
15 1865 P. L. 607 am. 1866 P. L. 8.
16 1866 P. L. 588 No. 562.
17 1868 P. L. 917 No. 870.
1S 1869 P. L. 716
19 1871 P. L. 706.
20 1878 P. L. 10.
1909 P. L. 262 No. 171 am. 1913 P. L. 279 but the amendment of 1913 was
declared unconstitutional because it attempted to legislate for counties of between
150,000 and 325,000 population. The act of 1909 includes only counties between 150,-
000 and 250,000 and no notice was given in the title of the act of 1913 of any change
in classification, Commonwealth v. Thomas, 248 Pa. 258 (1915).
22 1921 P. L. 579.
73 1921 P. L. 470.
328
COUNTY GOVERNMENT
Therefore, at present, authority over the various county jails or prisons
of Pennsylvania is delegated to different officials. In the smaller counties
the sheriff is in complete control over all aspects of the prison except the
employment of inmates, which is under the supervision of the prison board.
Elsewhere, boards of prison inspectors, constituted either by general or
special laws, have supplanted the sheriff and are intrusted with exclusive
authority over the institutions. In no cases do the ex officio boards receive
additional compensation for these services. The salaries of elected and
appointed members of boards of inspection are usually merely nominal.
Powers and Duties. Control over the employment of prisoners is the
one duty which is vested in every type of prison board. The work must be
done within the jail and its grounds, on the roads of the county,24 or in and
about county-owned property.23 The board may compel any inmate, except
those under death sentence, to perform this labor,28 and may employ as
many extra guards as necessary to watch them as they work outside the
prison.27 The power of determining what materials, tools, and machinery
are needed is vested in the prison board. All purchases for the prison and
for the labor of inmates are paid for by the county commissioners with
warrants drawn on the treasury of the county.28 The board fixes the wages
of prisoners 29 and arranges for the sale or other disposition of the products
of their labor.30 It may also establish a fund from which the purchase of
machinery and materials for labor is financed and into which is placed all
money received from the sale of prison-made goods.31
With the performance of these duties, the responsibilities of prison
boards in sixth, seventh, and eighth-class counties cease. But in the larger
counties, the boards of prison inspectors have additional and more varied
duties, for in them is vested exclusive control over the “safekeeping, dis-
cipline, and employment of the prisoners and the government and manage-
ment” of the institution.32 They appoint and fix the salary of the warden,
24 1899 P. L. 28 sec. 4; 1907 P. L. 247 sec. 4.
13 1860 P. L. 427 sec. 75: 1895 P. L. 347 sec. 1; 1917 P. L. 1036 (joint resolution)
am. 1919 P. L. 79 sec. 1.
” 1907 P. L. 247 sec. 1.
27 Ibid., sec. 6.
” Ibid., sec. 5; 1923 P. L. 271 sec. 2.
31 1923 P. L. 271 sec. 3.
*° Ibid., sec. 2.
" Ibid., sec. 4.
" 1909 P. L. 262 sec. 1 ; 1921 P. L. 470 sec. 1 ; 1921 P. L. 579 sec. 1.
PRISON AUTHORITIES
329
who with the approval of the board selects the other employees.33 The
warden and staff may be removed by the board,34 which makes all necessary
rules and regulations for the institution. In fifth-class counties, approval
by the court of quarter sessions is necessary before any rule may be put
into force.35 All contracts relating to the county prison are awarded by
the board. Those requiring the expenditure of more than $100 must be
advertised and given to the lowest responsible bidder.38 The duties of the
boards of prison inspectors in counties for which special laws are in force
are in most cases practically identical to those of the boards which owe
their existence to these general laws.
There are certain differences between the duties of prison inspectors in
third and fourth-class counties and in fifth-class counties. In the former
the board elects a president and a secretary and must hold meetings at least
once a month,37 but in the latter the county commissioners need not hold
special meetings to consider prison affairs.38 Moreover, in fifth-class coun-
ties, more specific duties are required from the board. At least once a
month a majority of its members must visit the prison. They may examine
the calendar of prisoners to see if every inmate is there and in his proper
cell. In order to investigate conditions the members may question and
examine the inmates under oath.39 The commissioners of fifth-class coun-
ties also make an annual report to the court of quarter sessions. It shows
the number of prisoners, together with stipulated details about each, and
mentions the significant events of the year such as deaths and escapes of
inmates. Incorporated within the report are any other observations and
suggestions for improvement of the institution. This report is filed with
the clerk of the courts.40
Records. The records kept by the jail and prison boards vary greatly.
In some of the smaller counties these boards are not very active and the
sheriff or jail warden keeps these records. Therefore, if any particular
record here described cannot be found in the office of the jail or prison
83 1909 P. L. 262 sec. 2; 1921 P. L. 470 sec. 2; 1921 P. L. 579 sec. 2.
84 1909 P. L. 262 sec. 4; 1921 P. L. 470 sec. 3; 1921 P. L. 579 sec. 4.
85 1909 P. L. 262 sec. 2; 1921 P. L. 470 sec. 2; 1921 P. L. 579 sec. 2.
" 1921 P. L. 470 sec. 8 ; 1921 P. L. 579 sec. 3.
87 1909 P. L. 262 sec. 2; 1921 P. L. 579 sec. 2.
88 1921 P. L. 470 sec. 2.
89 Ibid., sec. 6.
40 1921 P. L. 470 sec. 7.
330
COUNTY GOVERNMENT
board, it should be searched for among the sheriff’s or jail warden’s rec-
ords. On the other hand, more detailed records than those shown here are
often kept as stipulated by the special laws setting up prison boards in
certain counties.
MEETINGS 01' THE BOARD
Prison Board Minute Book, dates from the establishment of the
prison board in the county.
In this book are kept minutes of all the meetings of the board of inspectors
of the county jail or prison.11 The following information is shown: date
and place of meeting, names of members present, business transacted, and
secretary’s signature.4*
PURCHASE OF EQUIPMENT AND SUPPLIES 4:1
Record of Purchases for the Prison.
A record of supplies purchased for use of the county penal institutions is
sometimes kept here. It shows date of purchase, names, prices, and
quantity of items bought, total cost, dealer's name, date paid, and check
number.
Record of Bills.
This is a record of approved bills for prison supplies and equipment, show-
ing date of purchase, name of contractor or vendor, items purchased, price
paid for each, total amount of bill, and date approved.
SUPERVISION OVER PRISON LABOR 44
Inmates’ Earnings.
An itemized account of all wages earned by the inmates engaged in prison
labor. It gives the following information for each prisoner : name, number
of hours worked, hourly wage rate, total amount earned, amount of money
received by prisoner or dependents, and amount due.45
41 This record is kept in all third-, fourth-, and fifth-class counties and in all counties
in which prison boards have been established by special laws.
43 1909 P. L. 262 sec. 2; 1921 P. L. 470 sec. 2; 1921 P. L. 579 sec. 2.
43 Records of equipment and supplies for the prison may also be found in the office
of the county commissioners or the controller.
44 Prison labor reports are not found in every county, for all counties do not provide
labor for the inmates.
48 1923 P. L. 271 sec. 3.
PRISON AUTHORITIES
331
Labor Account Book. Title varies: Cash Book; Sales Record.
A record of cash received and expended for materials manufactured and
raised by prisoners, showing amount and purpose of each expenditure,
items sold and amount received for each, purchasers’ names, amount sent
to county treasurer, and balance on hand.
FINANCIAL TRANSACTIONS
County Prison Account Book. Title varies: Journal.48
A record of all financial transactions of the county prison is found here.
It shows all receipts and expenditures of the institution giving date of
transaction, names of payers and payees, item number, amount and pur-
pose of receipt or expenditure, total monthly amounts, and balance on hand.
Pay Roll.
The prison payroll record sometimes is kept separately. It shows each em-
ployee’s name and address, his salary, any advances and deductions made,
the date, and warrant number.47
48 Accounts payable and accounts receivable are sometimes recorded separately.
4‘ This record is usually found only in the more populous counties.
XVII
Jail or Prison Warden
Evolution and Structural Organization. The first English government in
what is now Pennsylvania made early provisions that “Prisons and
Pilloryes are likewise to be provided in these Towns where the Severall
Courts of Sessions are to be holden.” 1 A more specific law required “That
the Justices of the Peace of each Rideinge shall cause a piece of ground to
bee layed out in the same Towne where the sessions shall be keept, whereon
shall be built a Towne House, and Prison which are to bee erected before
the next Assizes.” 2 3 The prisons were under the charge of the marshal
who was appointed by the sheriff, the chief officer of the riding.8
Among the first laws promulgated by William Penn in 1682 was one
which decreed, “that all prisons shall be workhouses for felons, vagrants,
and loose and idle persons, whereof one shall be in every county.” 4 Later
laws passed by the first assemblies required that each county erect a prison.
Fines were imposed on counties which did not complete the building within
a given time.5 * Such an institution now exists in every county, and local
usage alone determines whether it is generally known as the jail or the
prison. It is apparent from laws passed during the colonial period that the
sheriff and persons chosen by him were responsible for the care and main-
tenance of prisoners.0 A law of 1790 provides that the sheriff with the
approval of the court of quarter sessions appoint as many keepers as
necessary.7
Today the sheriff has this responsibility only in counties of the sixth,
seventh, and eighth classes, for more recent laws, both special and general,
have made other provisions for the appointment of the jail warden in the
1 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 47.
1 Duke of York’s Book of Laws, September 28 to October 4, 1665 in Charter to
William Penn, p. 65.
3 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp.
50, 55.
4 Laws Agreed upon in England, April 25, 1682, in Charter to William Penn, p. 100.
“Laws of the Assembly, March 1, 1683, in Charter to William Penn, p. 139, ch. Cl;
A Petition of Right, June 1, 1693, in Charter to William Penn, p. 208, ch. LIII.
" 1730, 1 Sm.L. 181 secs. 14, 15, 19.
7 1790, 2 Sm.L. 531 sec. 28.
332
JAIL WARDEN
333
more populous counties. In the majority of the smaller counties, it is the
custom for the sheriff himself to act as warden of the county jail.
In 13 of the larger counties, including Philadelphia and Allegheny,
special laws have established boards of prison inspectors or boards of
managers of the county prison. These individually created boards are each
empowered to select the warden of the county prison.8 The only exception
is Lancaster County where the “prison keeper” has been elected since 1871. 9
Later laws for counties of the third, fourth,10 and fifth * 11 classes stipulate
that none of these special laws be repealed. Therefore, in each third and
fourth-class county without a conflicting special law there is a board of
prison inspectors made up of the county commissioners, controller, sheriff,
district attorney, and the judges of the court of quarter sessions.12 In the
fifth-class counties the county commissioners alone act as a board of in-
spectors of the county jail.13 In each type of ex officio board is vested the
power of appointing the jail warden.14
A jail warden may follow any line of endeavor except that of tavern
keeper.15 In counties operating under general laws the warden serves dur-
ing the term of the sheriff or prison board which appointed him and which
may remove him. Removal of a warden by a sheriff must have approval
of the court of quarter sessions.16 In counties for which special laws are
in force, the warden usually has a definite term of 1 or more years subject
to removal by the board of prison inspectors. Vacancies are filled by the
appointing body.
Before assuming office the jail warden must take an oath.17 In counties
of the third, fourth, and fifth classes he is also obliged to post a bond, the
amount of which is fixed by the board of inspectors, and in fifth-class
counties, passed upon by the court of quarter sessions.18
8 See essay on Prison Authorities.
9 1871 P. L. 74 rep. 1937 P. L. 2779.
10 1909 P. L. 262; 1921 P. L. 579.
11 1921 P. L. 470.
12 1909 P. L. 262 sec. 1; 1921 P. L. 579 sec. 1.
18 1921 P. L. 470 sec. 1.
14 1909 P. L. 262 sec. 2; 1921 P. L. 470 sec. 2; 1921 P. L. 579 sec. 2.
15 1730, 1 Sm.L. 181 sec. 19.
18 1790, 2 Sm.L. 531 secs. 28, 29; 1909 P. L. 262 sec. 4; 1921 P. L. 470 sec. 3; 1921
P. L. 579 sec. 4.
17 1929 P. L. 1278 sec. 53.
18 1909 P. L. 262 sec. 4; 1921 P. L. 470 sec. 3; 1921 P. L. 579 sec. 4.
334
COUNTY GOVERNMENT
In the smaller counties, the salaries of the jail warden and his assistants
are fixed by the court of quarter sessions.19 Where the sheriff himself
acts as jail warden, he does not get an additional salary for his services.
The actual expenses incurred by him for the care and maintenance of
prisoners are paid by the county, however, upon receipt of itemized bills.20
Former laws provided that the sheriff receive a daily allowance for each
prisoner in his custody.21 Because of the abuses possible under the opera-
tion of such laws, the present system has been adopted. Now no warden
may make a profit in addition to his salary from money appropriated for
the care and maintenance of prisoners.22 In third and fourth-class counties,
the salaries of the wardens are fixed by the salary boards,23 and in fifth-
class counties, their compensation is determined by the county commis-
sioners.24
Powers and Duties. The warden is in almost complete charge of the
county jail. Fie must attend to the clothing, lodging, safekeeping, diet, and
care of the prisoners, whom he may punish when necessary.25 Formerly
he was also required to superintend and direct the labors of the prisoners,20
but since 1899 this has been the responsibility of the respective prison
boards or boards of prison inspectors.27 The warden may assign to work
on the roads any prisoner except those under sentence of death.28 Fie is
obliged to receive into the jail United States prisoners,20 prisoners of war,30
and military offenders,31 and he must permit the representatives of the
” 1790, 2 Sm.L. 531 sec. 28.
=° 1925 P. L. 559 sec. 1 am. 1927 P. L. 68 No. 46 sec. 1 (sixth-class counties) ; 1933
P. L. 14 sec. 1 (seventh-class counties) ; 1923 P. L. 275 sec. 1 am. 1939 P. L. 272
No. 146 sec. 1 (eighth-class counties).
1:1 There are numerous laws to this effect, both special and general.
Attorney General’s Opinions, vol. 1925-26, pp. 542, 543.
51 1921 P. L. 579 sec. 2; 1929 P. L. 1270 No. 439; 1929 P. L. 1278 sec. 301 am. 1931
P. L. 401 sec. 1.
34 1921 P. L. 470 sec. 2.
“ 1790, 2 Sm.L. 531 sec. 28; 1923 P. L. 775 No. 306 sec. 1.
" Ibid.
17 1899 P. L. 89 secs. 2, 3; 1907 P. L. 247 secs. 2, 3.
” 1915 P. L. 812 sec. 2.
” 1789, 2 Sm.L. 513 sec. 2.
" 1814, 6 Sm.L. 118 sec. 1.
*' 1899 P. L. 133 No. 123 sec. 78 sup. 1911 P. L. 131 sec. 79 rep. 1917 P. L. 113
sec. 72 but reen. in sec. 61 rep. 1921 P. L. 869 sec. 73 but recn. in sec. 61 am. 1923 P.
L. 227 sec. 12 further am. 1937 P. L. 1213 sec. 3.
JAIL WARDEN
335
State Department of Welfare to make periodical inspections of the jail.32
The law forbids the warden to allow spirituous liquors to be received by any
prisoner. If he permits this, he is fined and removed from office.33
Upon the written request of the district attorney, the warden may take
fingerprints of anyone in the county jail. He must furnish the State Motor
Police, upon request, with the fingerprints, photograph, and description of
any inmate.34
A number of reports must be sent by the jail warden to other officials.
He must prepare a quarterly report for the county commissioners, giving
numerous stipulated details, such as the list of inmates, the terms for which
they are sentenced and the court which committed them.35 A report of
similar nature is made annually for certain State authorities. From 1847
until i.872, it was made to the Secretary of the Commonwealth,38 and since
1872 to the Secretary of Welfare.37 The warden also furnishes the county
commissioners with a calendar of prisoners and the amount of work done
by them.38 The warden of any prison to which an inmate is transferred or
retransferred must give notice of that fact to the county commissioners of
the county in which the prisoner was originally sentenced and the clerk
of the court which sentenced him.39
In counties of the sixth, seventh, and eighth classes, the sheriff may
appoint as many employees of the county jail as the court of quarter ses-
sions will permit. Their wages are determined by the court.40 In third,
fourth, and fifth-class counties the warden, with the approval of the board
of inspectors, appoints any necessary employees, such as a physician,
matron, guards, and other assistants. The number and salary of these
employees are determined by the board. The warden may suspend them,
but they may be removed only by the board of inspectors.41 In some of
the counties operating under special laws the employees of the jail are
appointed by the warden, but in others they are selected by the board of
inspectors of the county jail.
82 1921 P. L. 1144 sec. 12.
33 1790, 2 Sm.L. 531 sec. 30; 1807, 4 Sm.L. 393 sec. 4.
84 1927 P. L. 414 secs. 2, 5(a).
88 1807, 4 Sm.L. 393 sec. 5.
89 1847 P. L. 172 sec. 1.
87 1872 P. L. 42 secs. 1, 2 am. 1893 P. L. 285.
83 1790, 3 Sm. L. 531 sec. 30.
39 1923 P.L. 1044 sec. 5.
*° 1790, 2 Sm.L. 531 sec. 28.
41 1909 P.L. 262 secs. 2, 4; 1921 P.L. 470 secs. 2, 3; 1921 P.L. 579 secs. 2, 4.
336
COUNTY GOVERNMENT
Records. Records of the jail or prison warden are described below :
JOURNAL
Warden’s Journal, 1921 — ,42
In this book the warden enters regularly the name and sex of every inmate,
together with the length and character of sentence, and the dates of recep-
tion, discharge, death, pardon, or other termination of sentence.43
COMMITMENTS AND DISCHARGES
Commitments, Discharges and Detainers.44
These are the papers filed in the commitment and discharge of inmates
and detainers lodged against prisoners pending completion of their sen-
tences. The following information is shown in the commitments and dis-
charges: court term and case number, name of inmate, charge upon which
committed, term of sentence, name of committing official, and date of
commitment or discharge. The detainers show the date, inmate’s name,
cause for action, place where inmate is wanted, and official seals and
signatures.45
Commitment and Discharge Record. Title varies: Admission Cards;
Day Book; Indictment Book; Receiving Book; Prisoners’ Docket.40
Found here is a record of all prisoners committed and discharged. In some
counties it consists merely of transcripts of the papers entitled Commit-
ments and Discharges. In other counties the warden has kept a record
containing similar information. It usually shows the following: name of
prisoner, date of commitment or discharge, the number assigned to him,
name of committing official, charge, and term of sentence.47
Since 1921 this record is required only in fifth-class counties. In a number of
other counties, however, the warden has kept a similiar record as a matter of con-
venience.
“ 1921 P. L. 470 sec. 5.
“ In some counties commitment papers and discharge papers are filed together, in
other counties separately.
“ The preservation of these papers is not required, and in some counties they are
kept only for the term of the incumbent sheriff or jail warden.
" In some counties commitments and discharges are recorded together and in other
counties they are recorded separately.
47 This is not a required record and is not kept in every county. Some jail wardens
place the information found here in the Record of Prisoners instead.
JAIL WARDEN
337
Sentence Papers.
These are certified transcripts of court sentences showing court term and
case number, defendant’s name, charge, sentence, registry number, and
seal and signature of clerk of courts.48
*
prisoners’ records
Record of Prisoners. Title varies: Jail Record; Commitment Rec-
ord; Fingerprint Records.
This record, kept either in a book or on cards, gives various details about
each prisoner, such as name, address, age, nativity, number, physical
description, nationality, sex, color, name of committing official, charges,
sentence, criminal record, photograph, fingerprints, medical record, home
conditions, education, narcotic history, habits, prison record, and dates of
commitment and discharge.49
Medical Record, 1921 — .50
Within 48 hours after his arrival at the prison each inmate must be given
an examination to determine his physical and mental condition. A record
of the results of this examination is kept.31
Felon Register, 1889 — .
This is a special register of all felons confined in the county jail or prison.
This record contains their descriptions, photographs, and Bertillon meas-
urements, as well as their criminal histories as taken from court records.52
Record of Prisoners Receiving Medical Attention.
In some counties a special record is kept of prisoners receiving medical
attention. This may be either of inmates requiring special attention or a
record of the medical treatment given to prisoners. Either of these records
usually give the following information about each prisoner: name and
number; period of sentence in jail; dates when medical treatment was
given ; and his color, age, sex, physical history, mental condition, and health
48 This is not a required record and is seldom found.
49 In most counties this is not a required record. It is almost universally kept, both
as a matter of convenience and as a result of special laws. The exact information
varies from county to county.
60 Similiar earlier records are found in some counties.
61 1921 P.L. 433 No. 208 sec. 1. This is seldom kept as a separate record, but the
information is usually entered on the record of prisoners.
“ 1889 P.L. 103. This record is not open to the public, but it may be used as evi-
dence in any subsequent trial. It is open to the inspection of any court officer.
338
COUNTY GOVERNMENT
during imprisonment. In some counties this record is made by the physician
or nurse, and in others it is kept by the warden and based on the physician’s
reports.63
REPORTS
Monthly Population Report.
Some wardens keep copies of the monthly population reports which they
send to the Department of Welfare. These reports show all commitments
and discharges of prisoners during the month. The date of the report and
the following information about each prisoner mentioned is given: name,
address, age, sex, mental condition, occupation, and date, time, place and
by whom committed or discharged. Also shown is the total number of
prisoners who are discharged and committed and the warden’s signature.54
Quarterly Report. Title varies : Register.
Filed or recorded here are copies of the quarterly reports to the county
commissioners of all prisoners received.'"’’ The information given is as
follows: name, age, register number, color, birthplace, and occupation of
each inmate; names of delivering and committing officials; charges and
date of conviction ; name of institution to which he was sentenced ; record
of previous convictions ; length of sentence imposed ; and date and manner
of discharge.50
Annual Report. Title varies : Statistics.
A few jail wardens have kept copies of the annual reports which they have
successively prepared for the Secretary of the Commonwealth and the
Secretary of Welfare. Each report gives the following information: num-
ber of persons committed during the year, with the convicts distinguished
from those who were awaiting trial or held as witnesses; offenses for
which inmates were convicted or with which they were charged ; tabulation
of sex, color, age, nativity, marital status, occupation, and education of
inmates; average length of imprisonment; number of persons who were
returned to court ; those who were discharged or pardoned or who died or
escaped ; and the cases and nature of illness during the year. Also in-
cluded is an account of the labor performed by prisoners; the aid given to
M This is not a required record and is not kept in every county.
'* The warden is not required to preserve copies of these reports. Therefore, they
are not found in every county.
“ The warden has prepared these reports since 1790, but since he is not required
to preserve copies, they are seldom kept.
M 1790. 2 Sm.L. 531 sec. 30: 1807. 4 Sm.L. 393 sec. 4.
JAIL WARDEN
339
prisoners upon their discharge; and the educational facilities provided for
inmates. The report also gives an itemized account of receipts and expendi-
tures of the prison, an inventory of the property of the institution, and
any additional information which the warden considers is of interest.57
MISCELLANEOUS
Warden’s Daily Record. Title varies: Time Book; Board Book;
Time Register for Board of Prisoners ; Board Blotter for Regulars.
A daily record of the time served by each prisoner, showing the date, pris-
oners’ names, number of meals served, total cost of board per day for all
prisoners, and rate per day for each prisoner.58
Record of Prisoners’ Property. Title varies: Sheriffs' Receipt
Book; Discharges from Jail.
A record of property taken from prisoners upon their arrival at the jail
and returned to them at the time of their discharge. The following informa-
tion is given : date ; list of property taken ; and prisoner’s name, number,
and signature.59
List of United States Prisoners, 1789 — ,60
A list of all United States prisoners confined in the county jail, showing
the name of every such prisoner and the number of days spent by him
in the institution.61
List of Prisoners of War, 181d — ,62
This is similar to List of United States Prisoners, except that it relates to
prisoners of war who are confined in the county jail.03
57 1847 P.L. 172 sec. 1 ; 1872 P.L. 42 sec. 1, 2 am. 1893 P.L. 285. This report is
prepared by either the jail warden or the board of inspectors of the county jail or
prison. Therefore, it may be found in either of those two offices. But since copies
of the report do not have to be kept it may be found in neither.
58 When this record is found it probably exists only for the period when the sheriff
acted as jail warden. It was kept by the sheriff for his own convenience in determin-
ing how much money was due to him by the county for the maintenance of prisoners.
59 This is not a required record and is not found in every county.
80 These records form the basis for reimbursement by the Federal Government for
the maintenance of such prisoners. Therefore, they are usually discarded when pay-
ment is made and seldom are preserved by the warden.
61 1789, 2 Sm.L. 513 sec. 3.
6" Like the List of United States Prisoners, these lists are seldom preserved after
they have served their original purpose.
63 1814 P.L. 79, 5 Sm.L. 118 sec. 3.
340
COUNTY GOVERNMENT
Cell Register. Title varies: Keepers’ Report; Inmate Record.
A record of the cells to which prisoners have been assigned, showing the
name of prisoner and the range and cell number to which he is assigned.01 * * 04
Prisoners Sent to Other Institutions. Title varies: Record Penn-
sylvania Industrial Reformatory, Eastern Penitentiary.
The wardens of some county prisons have kept records of persons sen-
tenced in the county to other penal institutions and of persons transferred
from the county jail to reformatories or other prisons. The information
given is usually as follows: defendant’s name; court term and case num-
ber; date of sentence; charges, verdict, and sentence; judge’s name and
dates of original commitment and transfer.05
01 This is not a required record and is not found in every county. In some counties
it contains additional information similiar to that found in Commitment and Discharge
Record.
“ This is not a required record and is not found in all counties.
XVIII
Parole board
Evolution, Powers, and Duties. There is no definite law authorizing the
setting up of a parole board in a Pennsylvania county. Nevertheless, such
boards have been established in a few counties by the court of quarter
sessions, by virtue of the fact that in that court is vested all authority over
probation and parole.1 The composition of the board varies from county
to county, but usually consists of several of the county officers whose duties
give them considerable knowledge of law enforcement and penal conditions
there. They receive no extra compensation for their work on the parole
board. Their duties are such as the court requires from them, but are
usually confined to receiving and acting upon petitions for parole.
Records. No records are required from the paro’e board, but some are
usually kept as a matter of convenience. The records shown here are the
type of papers which are generally found in this office. They usually date
from the establishment of the parole board in the county.
Parole Board Minute Book.
This is a record of the proceedings of the parole board. It shows the date
of meeting, names of members who attended, business transacted, and sec-
retary’s signature.
Petitions for Parole.
These are the petitions received from persons seeking release on parole.
They show the date, prisoner’s name and address, crime for which im-
prisoned, sentence, time served, extenuating circumstances which are be-
lieved to entitle him to parole, and a notation as to whether parole was
granted.
Copies of Court Decrees.
Copies of decrees handed down by the court are sometimes kept on file
by the parole board. The following information is contained : court term
and case number, charge, defendant’s name and address, sentence, time
already spent in prison, whether or not parole is granted, and name of
parole officer to whom released prisoner is to report.
1 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12; 1903 P.L. 274 sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 495 sec. 3; 1911
P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 3 ; 1911 P.L. 1055 sec. 3 am. 1919 P.L.
569 sec. 1; 1913 P.L. 502 sec. 1 sup. 1917 P.L. 26S; 1917 P.L. 773 No. 290 sec. 4.
341
XIX
Probation and Parole Officers
Evolution and Structural Organization. The court of quarter sessions
has always had wide jurisdiction over neglected and dependent persons
and over various classes of offenders. The court’s approval was required
before any indenture could be reassigned at the death of the master or
mistress of an apprentice.1 * * * It was likewise permitted to return to reform
school any inmate who was ill-treated at the place to which the court had
indentured or otherwise assigned him." The court might issue support
orders and commit the offenders to jail until they were able either to com-
ply with the order in question or to give security for its performance.8
Moreover, any poor person ordered removed to another county might
appeal to the court if he considered himself aggrieved by such a re-
quirement.'1
As a natural outgrowth of such powers and responsibilities as well as
of its jurisdiction over criminal cases the court of quarter sessions was
given general supervision over probation and parole as these systems were
adopted: in 1901 over neglected and dependent children,5 * in 1909 over
adult first offenders convicted of any hut the most serious crimes,® in 1911
over persons paroled from county penal institutions,7 and in 1913 over
defendants in desertion cases.®
The court may appoint as many probation officers as it considers neces-
sary and for as many of the above functions as it chooses. In every in-
stance, however, adult probation officers may have under their supervision
persons of their own sex only.0 Probation officers must be “discreet
1 1799, 3 Sm.L. 385 sec. 2.
5 1879 P.I.. S4 sec. 1.
1 1836 P.L. 539 sec. 31.
'Ibid., sec. 19.
5 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12; 1903 P.L. 274 sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17.
" 1909 P.L. 495 sec. 3.
7 1911 P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1 ; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1.
* 1913 P.L. 502 sec. 1 sup. 1917 P.L. 268; 1917 P.L. 773 No. 290 sec. 4.
" 1909 P.L. 495 sec. 3; 1911 P.L. 3055 sec. 3 am. 1919 P.L. 569 sec. 1.
342
PROBATION OFFICERS
343
persons, of good character.” 10 They are responsible only to the court
which appointed them and which may remove them at any time.* 11 They
take an oath,12 but no bond is required from them. At first, they were for-
bidden to receive any compensation from the public treasury,13 but now
the county provides them with a salary determined by the court, as well
as all expenses incurred in the performance of their duties.14 If the court
deems it necessary it may appoint one or more clerks to aid the probation
officers. Their salaries are fixed jointly by the court and the county
commissioners.15
Powers and Ditties. Probation officers must perform any duties directed
by the court of quarter sessions. The law suggests that probation officers
attend court whenever cases are heard concerning persons under their
supervision. They must secure any information requested by the court.
Their chief duty, however, is to keep informed about the condition and
conduct of their charges.16 This is usually achieved by requiring the per-
sons to report to an officer periodically. Desertion probation officers may
be required to collect support orders and deliver them to the designated
recipient.17
These officers are obliged to keep accounts which are examined by the
county controller or auditors. The results of these audits must be reported
to the court of quarter sessions.18 They are required to prepare for the
Department of Welfare any reports which it requests.19
The law permits the probation officers to attend the annual sessions of
the State association or conference of probation and parole. The county
10 1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 3 rep. 1933
P.L. 1433 sec. 28 but reen. in sec. 17 ; 1909 P.L. 495 sec. 3.
11 1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 3 rep. 1933
P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 495 sec. 3; 1911 P.L. 1055 sec. 3 am.
1919 P.L. 569 sec. 1 ; 1913 P.L. 502 sec. 3.
12 1929 P.L. 1278 sec. 53.
13 1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 3.
11 1909 P.L. 495 sec. 1; 1911 P.L. 1055 sec. 3 am. 1919 P.L. 569 sec. 1; 1913 P.L.
502 sec. 3; 1933 P.L. 1433 sec. 17.
13 1933 P.L. 1433 sec. 17.
10 1901 P.L. 279 No. 185 sec. 6 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 3; 1909
P.L. 495 sec. 1 ; 1911 P.L. 1055 sec. 3 am. 1919 P.L. 569 sec. 1 ; 1933 P.L. 1433 sec. 17.
17 1913 P.L. 502; 1917 P.L. 773 No. 290 sec. 4.
18 1929 P.L. 1278 sec. 372.1 added 1931 P.L. 401 sec. 12.
19 1929 P.L. 177 sec. 2311.
344
COUNTY GOVERNMENT
pays the actual expenses incurred by the officers in attending these
meetings.20
Probation officers have not been appointed in every county of Penn-
sylvania, and where they have been named, a great variance exists between
the different counties. In some counties where there are no regular proba-
tion or parole officers, the court occasionally designates someone, often
the sheriff, to take charge of a particular case which arises. In the counties
where a regular probation office has been established, its work is sometimes
limited to one or two of the functions of a probation officer, while in other
cases all types of this work are carried on in a single county, probation and
parole of both children and adults, and the collection of support orders.
The compensation of officers in the individual counties ranges from nothing
to several thousand dollars a year.
Records. Probation officers must keep whatever records the court of
quarter sessions requires.21 Therefore, in some counties no records are
found and in others most of those shown here are kept. The dates of all
records vary from county to county, although in many cases a particular
type of record has been kept regularly ever since the establishment in that
county of a probation office or of that phase of the work to which the
record in question relates.
SUPERVISION OVER PROBATION AND PAROLE
Court Papers 22
Copies of Court Orders.
Copies of court orders and petitions for parole or probation, showing court
term and case number ; charge ; name, address, age, color, sex, occupation,
and earnings of the defendant;23 signatures of witnesses and defendant;
date placed on probation or parole ; summary of court costs and plan for
their method of settlement; the names of judge, clerk of courts, and pro-
bation officer to whom nonsupport payments or reports are to be made.
Notes of Testimony. Title varies: Court Sheets.
A record of testimony taken in cases referred to the probation office is
sometimes found in that office. It shows court term and case number;
1923 P.L. 267 No. 170 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 91, 92.
11 1901 P.L. 279 see. 6 rep. 1903 P.L. 279 sec. 12 but reen. in sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 hut reen. in sec. 17; 1909 P.L. 495 sec. 4; 1911
P.L. 1055 sec. 3 am. 1919 P.L. 569.
Sometimes these are found in Miscellaneous File.
11 The occupation and earnings are noted only in nonsupport cases.
PROBATION OFFICERS
345
names of defendant, prosecutor, and witnesses; charges; testimony taken;
and disposition of case.
Recommendations for Release from Parole or Probation.
Copies of recommendations to the court to release a defendant from pro-
bation or parole are sometimes kept on file. The following information
is contained : date ; defendant’s name ; court term and case number ;
charge; and names of the judge who pronounced sentence, the district
attorney recommending release, and the judge issuing the order.
Case Histories i jil^(l|d
Case Histories. Title varies : Juvenile Case Histories ; Probation
Record; Adult Probation Records; Active Boys’ File; Inactive
Boys’ File; Adults; Active Girls’ File; Inactive Girls’ File; Report
Cards ; Parole Reports.24
Case histories of all persons who have been under the supervision of the
probation and parole office are very frequently kept. The information
varies in the different counties, but the following is generally found about
each person : biographical and physical information, crime record, dates
of probationary period, reports, of investigators, dates and results of the
defendant’s reports to the office, dates and amounts of payments made in
nonsupport cases, and disposition of case.25
List of Cases. Title varies: Visible Card Index; (Criminal Cases) ;
Visible Card Index (Domestic Relations Cases).
These lists of cases give varying information such as the defendant’s name,
address, and employment record ; the prosecutor’s name ; and information
concerning the institutions or homes in which children have been placed.
Reports
Reports to the Court.
These are copies of the reports of the probation officers to the court of
quarter sessions. The information varies in the different counties, since
24 In some counties this record contains case histories of all persons under the super-
vision of the probation and parole office. In other counties case histories may be kept
separately under any or all of the following headings: adult, juvenile, male, female,
probation, parole, and nonsupport. These records may also be separated into active
and inactive cases.
25 This record is kept in almost every county where probation and parole work is
carried on.
346
COUNTY GOVERNMENT
the court alone prescribes the contents of these reports. Usually it is
similar to that shown in Case Histories.-6
Reports to Controller.27
The probation and parole office sometimes keeps on file copies of their
monthly report to the controller. It is an itemized account of all the
finances of the office and shows the date, names of all persons paying
money into the office or receiving money from the office, purpose of all
receipts and expenditures, and totals received and disbursed.28
Audit of Accounts of Probation Office.
Copies of the auditors’ or controller’s reports to the court concerning the
accounts of the probation office are sometimes kept. They show the date,
period covered, and receipts and disbursements of the office.20
FINANCIAL TRANSACTIONS 30
Cash Receipt Book. Title varies : Cost Day Book ; Parole Ledger.
A record of payments of costs and fines, showing date, defendant’s name,
court term and case number, amount paid, and daily and monthly totals.
Desertion Ledger.
A record of payments of support orders issued against deserting husbands.
It usually gives the following information: names of parties, court term
and case number, defendant’s employment record date and amount of
support order, and dates and amounts of payments.
Expenses for the Maintenance of Court Wards.
A record of the expenditures for the maintenance of court wards with
foster parents is sometimes kept. The following information is usually
found: foster parent’s name and address; name of the court ward; and
date, purpose, and amount of expenditure.
■" 1901 P.L. 279 sec. 6 rep. 1903 P.L. 279 sec. 12 but reen. in sec. 3 am. 1909 P.L.
89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17; 1909 P.L. 495 sec. 4; 1911
P.L. 1055 sec. 3 am. 1919 P.L. 569.
3T These will be found only in counties where the office of controller has been es-
tablished.
** 1929 P.L. 1278 sec. 342. Since the keeping of these reports is not obligatory, they
are not kept in every county.
m 1929 P.L. 1278 sec. 372.1 added 1931 P.L. 401 sec. 12. Copies of these reports are
not kept in every county.
*’ Accounts are kept by all probation officers, but the form in which they are kept
varies from county to county. All of the records here shown will probably not be found
in any one county.
PROBATION OFFICERS
347
Deposit Slips.
In a few counties, copies of bank deposit slips are kept by the probation
and parole office. They show the date, names of bank and depositor, and
amount deposited.
Check Book Stubs.
The original stubs covering accounts payable by court order to this office
and in turn forwarded to the county treasurer are often found here. The
information given is as follows : the date, amount, and purpose of the
check; and the probation officer’s name.
Canceled Checks and Bank Books.
The canceled checks and bank books of the probation and parole office are
sometimes kept on file. The checks show the date ; names and signatures
of payee, payer, and indorser ; purpose ; and amount. The bank books show
the names of bank and depositor, the date, and the amount.
Bank Statements.
These are the monthly statements of the bank balance and account of the
office. The information found here includes the following: names and ad-
dresses of probation office and bank, balances on first and last days of
month, dates and amounts of deposits and withdrawals, and total balance.
MISCELLANEOUS
Miscellaneous File.
In some counties there is kept a miscellaneous file consisting of any or all
of the various types of papers here described. These usually include cor-
respondence, court orders, and reports.
Criminal Identification Papers. Title varies: Classification Cards;
Prints.
In the probation and parole office are sometimes kept criminal histories,
photographs, and fingerprint records of criminals released on parole. The
following is the information which is usually shown: the name, address,
alias, sex, nativity, occupation, marital status, physical record, and signature
of the criminal; date and place of arrest; charge; record number; photo-
graph and fingerprints of criminal ; and name of person who took them.31
31 Similar records, both of criminals on parole and other criminals, are frequently
found in the offices of the sheriff, the district attorney, and the county detective.
348
COUNTY GOVERNMENT
Returns.
These are the reports of the police department and the Federal Depart-
ment of Justice on receipt of the fingerprint classification of criminals.
The following information is usually shown: the date, name of depart-
ment, record number, criminal s name, date of arrest, charges, and dis-
position.
Correspondence.
I he correspondence of this office is sometimes kept on file.32
•'Correspondence is often placed in the Miscellaneous File.
XX
Juvenile Detention Home
Evolution and Functions. During the early period of Pennsylvania his-
tory juvenile offenders were tried in the same manner as adults and before
trial and after conviction were placed in jails and prisons with adult
offenders. Late in the nineteenth century it was provided that children
“under restraint or conviction” were not to be placed in any cell or vehicle
with adults or in any courtroom while adults were being tried, and that
their cases should be heard separately from those of older people.1
There is a separate juvenile court only in Allegheny County.2 In the
counties of the third to eighth classes the court of quarter sessions acts
as the juvenile court.3 The Juvenile Court Law, first enacted in 1901,
required more specifically that children under 14 years of age be tried by a
juvenile court judge in a separate courtroom. Pending trial, they were
not to be confined “within the enclosure of any jail or police station” or
anywhere with adult offenders.4 This law was repealed and superseded by
the Juvenile Court Law of 1903 which contained the same provisions re-
garding the confinement of children awaiting trial or hearing, but raised
the age limit from 14 to 16 years.5 A law passed in the same year required
that every county provide “a separate room or rooms, or a separate build-
ing” for juvenile offenders whose cases were not disposed of. Since 1913
the county has been obliged to furnish not only shelter for the children
but maintenance and care as well.6 In 1939 an amendment to the present
juvenile court law provided that children below the age of 18, except those
under indictment for murder, be under the jurisdiction of the juvenile
court.7 It stipulates, however, that only those children under 16 be confined
in the juvenile detention home.8
1 1893 P.L. 459 No. 328 rep. 1933 P.L. 1433 sec. 28.
2 1933 P.L. 1449 sec. 201.
8 1901 P.L. 279 sec. 3 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 1 rep. 1933 P.L.
1433 sec. 28 but reen. in sec. 1.
‘1901 P.L. 279 secs. 2, 10 rep. 1903 P.L. 274 sec. 12.
8 1903 P.L. 274 No. 205 sec. 7 rep. 1933 P.L. 1433 sec. 28.
6 1903 P.L. 137 No. 98 sec. 1 am. 1913 P.L. 870 No. 420 rep. 1933 P.L. 1433 sec. 28
but reen. in sec. 7.
7 1933 P.L. 1433 sec. 4 am. 1939 P.L. 394.
8 1933 P.L. 1433 secs. 6, 7 am. 1939 P.L. 394.
349
350
COUNTY GOVERNMENT
In most of the counties of Pennsylvania the juvenile detention home has
always been under the control of the county commissioners.® Since 1921 a
different system has been in operation in third-class counties, where this
institution, known as the house of detention, is controlled by a board of
managers made up of the commissioners, the controller, and the sheriff.10
Widely varied methods are used in the different counties for carrying
out the provisions relating to the care of children awaiting trial or hearing.
Many of the larger counties have purchased, erected, or rented buildings
specifically for this purpose, and have placed them under the supervision
of a matron. In some cases the matron is also named a probation officer,
and the detention home has become the headquarters for juvenile probation
and parole work. In the less populous counties, however, there are not
enough juvenile cases to justify the establishment of such a home. Several
of these smaller counties have each designated someone as matron of the
detention home and have made arrangements with her to care for the chil-
dren in her home at a certain designated rate. In other counties juvenile
offenders are placed in a separate wing of the jail, apart from the prisoners,
and are supervised by the sheriff. A few counties use two or three rooms
in the almshouse for this purpose, and still others merely commit the chil-
dren to the care of their own parents or someone appointed by the court.
Records. The law does not require that any records be kept by those
in charge of the juvenile detention home or house of detention. In some
counties, however, records have been kept.
Admissions and Discharges. Title varies: Case Register; Detention
Home Register ; Detention Home Docket.
This is a record of all children admitted to the home. The following in-
formation is usually given concerning each child : name, address, race, and
age; dates of admission and discharge; number of days and nights de-
tained ; number of meals served ; charge on which the child was held ; and
disposition of the case.
* 1903 P.L. 137 No. 98 sec. 1 am. 1913 P.L. 870 No. 420 rep. 1933 P.L. 1433 sec. 28
but reen. in sec. 7 am. 1939 P.L. 394.
10 1921 P.L. 840 secs. 1. 2.
XXI
Jury Commissioners
Evolution and Structural Organization. In the early days of Pennsyl-
vania’s history, the sheriff was given supervision over the selection of
jurors. Under the Duke of York’s laws, he had to require the individual
town constables to secure the services of the local overseers as jurors. If a
sufficient number of jurors could not be found in this way, the sheriff was
obliged to select additional ones from among the inhabitants of the town
where the court was to be held.1 All the laws of colonial Pennsylvania
permitted the sheriff to select jurors from among the freemen on any basis
he chose.2 The only exception was an act in force from 1683 until 1693
which stipulated that for criminal cases only the sheriff had to summon all
the freemen and place their names in a hat from which a child drew a
sufficient number to serve as jurors.3 In 1805, however, a new law required
that prospective jurors be chosen by lot from names placed inside a jury
wheel and “sufficiently intermixed.” The task of drawing the names be-
longed to the sheriff and the county commissioners.4 The office of jury
commissioner was created in 1867 to take over some of the duties con-
cerned with the selection of jurors.5
In every county there are two jury commissioners, “sober, intelligent,
and judicious persons.” 6 Each elector votes for one candidate for this
office, and the two persons with the highest number of votes are elected.7
Therefore, in any county, there is usually one jury commissioner from
each of the two major political parties. At first they served for 3 years,8
1 Duke of York’s Book of Laws, 1676, in Charter to William Penn, p. 33.
’Laws Agreed upon in England (Eighth Law) in Charter to William Penn, p. 100;
The Body of Laws, ch. XXXVIII in Charter to William Penn, p. 117; Laws of the
Assembly, 1683, ch. CXLVI in Charter to William Penn, p. 164; Petition of Right,
1693, in Charter to William Penn, ch. LXIX, p. 214; 1700, II St. at L. 132 ch. XCVIII.
’Laws of the Assembly, 1683, ch. LXIX in Charter to William Penn, p. 129, abro-
gated by William and Mary, 1693.
4 1805 P.L. 183, 4 Sm.L. 237 sec. 1 sup. 1834 P.L. 333 sec. 79; 1807, XVIII St. at
L. 469; 1816 P.L. 52.
5 1867 P.L. 62.
6 Ibid., sec. 1.
7 Ibid.; 1929 P.L. 1278 sec. 293 am. 1931 P.L. 401 sec. L
9 1867 P.L. 62 sec. L
351
352
COUNTY GOVERNMENT
but their tenure was increased to 4 years by a constitutional amendment of
1909.® A jury commissioner may be re-elected any number of times.10
Vacancies are filled by the president judge of the county for the remainder
of the original term.11 No bond is required, but a jury commissioner must
take an oath before he draws names from the wheel.12 The compensation
of these officers is set by law. Originally they received $4 a day in all
counties,13 but today the provisions to that effect remain in force only in
eighth-class counties, since new laws have been passed concerning the rest
of the State. In counties of the sixth and seventh classes they now receive
$6 14 and S5 15 respectively for each day actually employed as jury com-
missioners. Elsewhere they are paid a definite yearly salary which ranges
from $250 in fifth-class counties, to $900 in third-class counties.18
Powers and Duties. The duties of the jury commissioners are uniform
except in third-class counties where a jury board existed which will be
discussed separately. Every year, at least 30 days before the opening of
the first session of the court of common pleas, the jury commissioners meet
with the president judge or an additional law judge. Any two members
of this group constitute a quorum. They select alternately from the whole
list of qualified voters those whose names are to go into the jury wheel.
After they have placed the names in the wheel it is locked and given into
the custody of the jury commissioners while the sheriff has charge of its
key.17 Later the jury commissioners and the sheriff, or any two of these
three, draw from the wheel the names which are to form the jury panels.18
The jury commissioners appoint a clerk to help in the preparation and
filling of the wheel and the drawing of jurors’ names. Whenever they fail
to name a clerk within 30 days after qualifying for office, one is selected
for them by the county commissioners.10 In third-class counties the jury
“ Const., art. XIV, sec. 2 as am. 1909.
10 1929 P.L. 1278 sec. 293 am. 1931 P.L. 401 sec. 1.
“ 1867 P.L. 62 sec. 7; 1929 P.L. 1278 sec. 294.
12 1867 P.L. 62 sec. 3.
"Ibid., sec. 5 am. 1913 P.L. 567 sec. 1.
“ 1933 P.L. 76 No. 99 sec. 1.
“ 1923 P.L. 112 No. 85 sec. 1.
“ 1876 P.L. 13 sec. 14 am. 1895 P.L. 424 sec. 1 ; 1921 P.L. 976 No. 347; 1923 P.L.
1054 sec. 11 am. 1925 P.L. 380.
15 1867 P.L. 62 sec. 2.
18 Ibid., sec. 3.
18 1903 P.L. 166 sec. 1 am. 1927 P.L. 17 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 295 am. 1933 P.L. 953 sec 1.
JURY COMMISSIONERS
353
commissioners’ clerk is chosen, not by the jury commissioners themselves,
but by the court of common pleas.20 Any jury commissioner failing to per-
form any of the duties required of him must pay a fine of $100. 21
Since 1925 when the jury board was set up in third-class counties,22 the
procedure of selecting jurors there has differed from that in other counties.
The jury board consists of the jury commissioners and the judges of the
court of common pleas, with the president judge serving as chairman. Of
this group either one judge and the two jury commissioners, or one jury
commissioner and two judges make up a quorum. Each member of the
jury board prepares a list of the names of persons whom he considers
suitable for jury service. The persons listed must never have been con-
victed of a felony, and must understand English. The name of no lawyer
or practicing physician may be included. Each year before October 10th
these lists are delivered to the jury commissioners’ clerk who eliminates
all duplicate names and requires the members of the board to provide sub-
stitutes for them. Thereupon he prepares an all-inclusive, alphabetical list
which is furnished to each member of the board. Between the 15th and
30th of November, the board meets in the office of the chairman. At this
time, by vote of a majority of its members, as many as 300 names may be
removed from the list. If the consent of all but one member is secured,
still more names may be deleted. The resultant list, with each name given
a number, and the address and occupation of its owner included, is known
as the official jury list. Two copies of it are prepared and signed by jury
commissioners and the clerk. One copy is filed with the prothonotary, and
the duplicate is given to the president judge. The names on the official jury
list are placed in the wheel by the clerk in the presence of one of the jury
commissioners and a judge. At least 30 days before the opening of the
first term of court, the names are drawn from the jury wheel. The draw-
ing, open to the public, is held in one of the court rooms designated by the
president judge, who also selects the person to draw the names.
Records. Except in third-class counties no records are required from the
20 1925 P.L. 244 sec. 1 rep. 1937 P.L. 2782 sec. 6 but reen. 1939 P.L. 157 sec. 1.
21 1867 P.L. 62 sec. 6.
23 1925 P.L. 244 rep. 1937 P.L. 2782 sec. 6 but reen. 1939 P.L. 157. Although the law
of 1937 abolished the jury board, third-class counties did not return to the system used
in other counties, for the law of 1925 as amended by the other sections of the 1937
law provided that the jury commissioners alone perform the duties formerly exercised
by the jury board.
354
COUNTY GOVERNMENT
jury commissioners. Records have been kept as a matter of convenience,
however, in a few other counties.23
Jury Book, 1825 — . Kept in third-class counties.24
A record of all persons whose names have been drawn for jury service,
showing the name, address, and occupations of each juror; term of court
during which he served; and the number of his name on jury list.25
Jury Commissioners Minute Book, 1867 — . Title varies: Ledger.
A record of the jury commissioners’ meetings is found here. The informa-
tion contained includes: the date and place of meetings; names of members
who attended: name, address, and occupation of each juror selected; type
of jury for which each juror was drawn; dates, court, and term of service;
and signature of jury commissioners’ clerk.20
Jury Lists. Title varies: Jury Book, Certified.
Lists of the names submitted by the jury commissioners for service on
juries, showing the name, address, and occupation of proposed jurors; and
date when each name was submitted.27
13 Other jury records are often kept by the sheriff, the clerk of courts, and the
county commissioners.
34 Similiar records are sometimes kept in other counties.
" 1925 P.L. 244 sec. 6 am. 1937 P.L. 2782 sec. 4; 1939 P.L. 159 sec. 6.
"This record is not required and is kept in very few counties.
17 This is not a required record, but is often kept. The names may be found on a
card file or entered in a book kept just for that purpose.
XXII
board of revision and Board for
the assessment and revision of Taxes
Evolution and Structural Organisation. The power of revising assess-
ments of property belonged first to the judges 1 and then to the county
assessors.2 3 When the office of county commissioner was established in
1711, the commissioners and the assessors began to share this responsibil-
ity,8 but after 1715 the county commissioners alone were empowered to
change the valuations made by the assessors.4 It was not until 1842, how-
ever, that the commissioners, along with the associate judges, were named
an ex officio board for this purpose. An amendment enacted 2 years later
provided that the judges no longer belong to the board of revision,5 which
from that time, except in third-class counties, consisted of the county com-
missioners alone.
The commissioner holding the oldest certificate of election acted as presi-
dent of the board. A special oath had to be taken before the prothonotary
or one of the judges of the court of common pleas. It was lodged with the
recorder of deeds.6 No additional bond was required from the members
who received no extra compensation for their services on the board.
Since 1905, a board of different composition and wider powers has func-
tioned in each of the counties containing more than 300,000 but less than
1,000,000 population. It is known as the board for the assessment and
revision of taxes. In 1931 it was established in all third-class counties,
whatever their population.7 Its members were first appointed by the court
1 Duke of York’s Book of Laws, 1664, in Charter to William Penn, p. 10; 1700. II
St. at L. 32 sec. 9.
3 The Frame of Government, 1696, in Charter to William Penn, p. 258.
8 1710-11, II St. at L. 372 sec. 3.
*1715, III St. at L. 83 sec. 2; 1717, III St. at L. 128 sec. 2; 1724-25, IV St. at L.
175 sec. 7 ; 1795, XV St. at L. 322 sec. 6; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L. 509
sec. 13; 1799, 3 Sm.L. 393 sec. 10 sup. 1834 P.L. 509 sec. 15 rep. 1933 P.L. 853
sec. 601.
6 1842 P.L. 441 secs. 10-13 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen.
in secs. 501-520.
8 1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in
sec. 501.
1 1905 P.L. 47 No. 32 rep. 1931 P.L. 1379 sec. 1 but reen. as am. in secs. 1-10.
355
COUNTV GOVERNMENT
356
of common pleas,' but since 1631 they have been named by the county
commissioners for a 4-year term/’ A law of 1937, repealing the act of
1931 and making the members of the board appointees of the Auditor
General, has been declared unconstitutional.10
In every third-class county the board for the assessment and revision of
taxes consists of three members whose salaries are fixed by the salary
board. \ acancies are filled by the county commissioners.11 The board of
revision of any fourth-class county may appoint “competent persons, resi-
dent freeholders” to aid them in their work.11’ In third-class counties the
board for the assessment and revision of taxes may name a solicitor and
any necessary engineers and clerks.13 The compensation of these employees
is fixed by the salary board and paid by the county.14
In 1943 the assessment functions of the county commissioners and the
board of revision in all counties from the fourth to eighth classes were trans-
ferred to a new agency, the board of assessment and revision of taxes, which
is composed of the county commissioners ex officio.15
Powers and Duties. In many respects the duties of the board of re-
vision and the board for the assessment and revision of taxes are the same.
As soon as the local assessors have made their returns, the board publishes
in at least two newspapers a statement showing the aggregate value of the
assessments made by each assessor and announcing a date within 30 days
on which it will finally determine whether any of the assessments have
been made below a just rate. This is defined as not less than the amount
which the property would bring if disposed of at a public sale. Meanwhile,
prior to the revision date, the members of the board may consider the
various returns, preparatory to making their final decision. During this
interim any taxable inhabitant may come to the office of the board in order
to examine the returns, and may communicate in writing with the board
concerning any property which he believes has been assessed too low. On
the day appointed for the revision of assessments, the board may either
raise or lower the assessors’ valuations. If the work is not completed on
’ 1905 P.L. 47 No. 32 sec. 1.
"1931 P.L. 1379 sec. 1.
10 1937 P.L. 939 No. 256 declared unconstitutional 327 Pa. 148.
11 1931 P.L. 1379 sec. 1.
13 1933 P.L. 853 sec. 506.
’-1 1931 P.L. 1379 sec. 2.
u 1931 P.L. 1379 secs. 2, 10; 1933 P.L. 853 sec. 506.
15 See Appendix D, for a summary of the structure, powers and duties of this new
board.
TAX REVISION BOARD
357
the designated day, the board may adjourn from day to day until it is
done.16
When the revision of the triennial assessments is completed, accurate
transcripts of the assessments are made by the clerk of the county com-
missioners or of the board. These transcripts, on which are noted the per-
cental rate of the tax and the date of appeal, are sent to the various local
assessors on or before the second Monday in April. It is the responsibility
of the assessors to give to each person taxed a written or printed notice
of the amount at which his property is assessed, the tax rate, and the time
and place of appeal. During the years of the inter-triennial assessments,
it is necessary to give this notice only to those persons who have acquired
property or whose assessments have been changed since the preceding
triennial assessment. Such changes occur only when property has been
destroyed or improvements made, when minerals have been mined out,
and when a taxpayer's occupation has been changed so as to alter his assess-
ment for the occupation tax. At the time of the giving of this notice to
the persons assessed, they must be informed if the board has raised the
valuation placed on their property by the assessor. At this time the board
also publishes an announcement of the time and place of appeal.17
Appeals are made only in the years of the triennial assessments except
in cases in which the alterations in value already mentioned have occurred.
They are heard either at the county seat or in the political division where
they originated,18 but in all cases the assessor must attend the appeals of
persons from his district. Appeals are heard not only on the announced
date, but at any time prior to the payment of the taxes. After hearing the
appeals from the persons assessed, the board uses its own discretion as to
changing the assessments.19 Thereupon the assessment stands. Appeals
from the board’s decision are made only to the court of common pleas,20
and thence to the Supreme Court or the Superior Court.21 The board has
similar powers concerning the assessments of personal property.22
When all the appeals to the board have been disposed of, duplicates
16 1931 P.L. 1379 sec. 7; 1933 P.L. 853 secs. 502-505.
17 1931 P.L. 1379 sec. 8 am. 1935 P.L. 27; 1931 P.L. 1379 sec. 10; 1933 P.L. 853
secs. 507-510.
18 1923 P.L. 154 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 513.
10 1933 P.L. 853 secs. 511-513, 517.
20 1899 P.L. 37 No. 34 rep. 1933 P.L. 853 sec. 60 but reen. in sec. 518 am. 1935 P.L.
674 sec. 1 further am. 1935 P.L. 1007; 1931 P.L. 1379 secs. 9, 10.
21 1931 P.L. 1379 secs. 9, 10; 1933 P.L. 853 sec. 519.
22 1913 P.L. 507 No. 335 secs. 5-12.
358
COUNTY GOVERNMENT
are made of the assessments as determined finally by the board.23 The
board furnishes duplicates to townships of the first class 24 and to school
districts of the third and fourth classes, except for those third-class school
districts located wholly within third-class cities.25 This is for their own
use in levying school and township taxes.
Similar duties belong to the board when a judgment has been obtained
against a property on which tax claims exist. If the market value of the
property above its encumbrances is less than the amount of taxes and
municipal claims due, the board may file in the court which issued the
judgment a certificate showing the market value and those liens and en-
cumbrances except taxes which would not be discharged by a sale at such
a price. This valuation serves as a guide in setting the upset price below
which it cannot be sold.20
In addition to the powers and duties which belong both to the board
of revision and the board for the assessment and revision of taxes, addi-
tional responsibilities belong to the latter board in third-class counties. The
board for the assessment and revision of taxes has supervision over all
assessments for county, borough, township, poor, and school purposes.27
It divides the county into assessment districts which may be changed when-
ever the board decides to do so. It appoints assessors for each of these
districts. The assessors’ compensation is fixed by the board which pre-
scribes rules and regulations to govern the conduct of the subordinate
assessors.28
Many of the powers and duties which in the less populous counties are
vested in the county commissioners, belong to the board for the assessment
and revision of taxes in the third-class counties.20 This board issues pre-
cepts to make the assessments and receives the assessors’ returns.30 Prior
to the making of assessments, the board sends to each assessor a report
of all real and personal property transferred within his district. This report
is based on the daily records of the recorder of deeds 31 and the prothono-
tary 32 which are sent once a month to the board.
" 1933 P.L. 853 sec. 514.
14 Ibid., sec. 516.
" Ibid., sec. 515.
” 1939 P.L. 1100.
37 1931 P.L. 1379 sec. 3.
a 1931 P.L. 1379 secs. 4, 5; 1933 P.L. 853 sec. 102.
"These matters are discussed more fully in Board of County Commissioners.
“ 1933 P.L. 853 secs. 401, 403, 431.
51 Ibid., sec. 407.
”1913 P.L. 507 secs. 8-11.
TAX REVISION BOARD
359
Records. Records of the board of revision and of the board for the
assessment and revision of taxes are described below :
BOARD OF REVISION
The law does not require that any records be kept by the board of re-
vision. In most counties, however, certain records are usually kept.33
Board of Revision Minute Book, 1842 — ,34
Minutes of the meetings of the board of revision are often kept. They
show the date, time, and place of meeting ; business transacted ; and signa-
ture of the commissioners’ clerk.35
Appeals for Revision of Taxes.
These are petitions for the reduction of assessments. They may be either
from the property owner or the court.36 Each one shows the petitioner’s
name and signature, nature of petition, and date filed.
Appeal Book. Title varies : Appeal Duplicates.
This is a record compiled for tax appeal hearings and showing assessed
valuations on property. The information contained includes the tax year ;
taxpayer’s name and address ; location and description of property ; its
market and assessed value ; type, rate, and amount of tax ; reason for ap-
peal; date adjusted; and amount of abatement.
BOARD FOR THE ASSESSMENT AND REVISION OF TAXES 37
Numerous records must be kept by the board for the assessment and
revision of taxes. But since these are identical with the records of the
county commissioners in other counties, they have been discussed and noted
in the essay entitled Board of County Commissioners. In addition some
of these boards keep a minute book.
Minute Book, Board of Revision of Taxes, may date from the estab-
lishment of this board in the county.
The minutes of the board show the time, place, and date of each meeting ;
the business transacted ; and the secretary's signature.
33 Many of the taxation records in the county commissioners’ office contains informa-
tion relating to the duties of the board of revision.
34 The dates of this record vary, since the keeping of it is not obligatory.
35 In counties where a separate minute book is not kept by the board of revision,
the meetings of the county commissioners acting in this capacity are recorded in the
Commissioners’ Minute Book.
“Appeals are made by the court when the board of revision refuses to consider
appeals made by taxpayers.
37 In some third-class counties, records of the old board of revision are found with
those of the board for the assessment and revision of taxes.
XXIII
Treasurer
Evolution and Structural Organization. William Penn's Frame of
Government provided that the Provincial Council annually elect two can-
didates for county treasurer from whom the Governor was to select one.1
In 1696 the treasurer became an appointee of the county assessors.2 With
the creation of the office of county commissioner in 1711, the commission-
ers began to share with the assessors the duty of naming the treasurer.3
The office of county assessor was abolished in 1780, 4 and from that date
until 1841, when the treasurer became an elective officer,3 the commis-
sioners alone appointed the treasurer.0
The treasurer must have been a citizen and resident of the county for
at least 1 year prior to his election.7 This tenure has varied greatly since
the establishment of the office. Until 1799 he was appointed whenever
necessary.3 The term of office was fixed at 1 year in 1799," raised to
2 years in 1841, increased to 3 years in 1874, and finally set at 4 years in
1909; 10 he is not eligible for re-election.11 The law stipulates that the
‘The Frame of the Government, 16S2, in Charter to William Penn, p. 97, secs. 17, 18.
3 The Frame of the Government, 1696, in Charter to William Penn, p. 258 sec. 3;
1700, II St. at L. 34 sec. 3.
‘ 1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L. 372 sec. 2; 1717-18, III St. at
L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13; 1757-58, V St. at L. 337 sec. 13;
1759, V St. at L. 379 sec. 12; 1759-60, V St. at L. 3 sec. 12.
4 1780, X St. at L. 238 sec. 6.
6 1841 P.L. 400 sec. 1.
” 1780, X St. at L. 238 sec. 6; 1799, 3 Sm.L. 375 sec. 13 sup. 1825 P.L. 247 sec. 2
sup. 1834 P.L. 537 sec. 27.
; Const, art. XIV, sec. 3.
’ 1700, II St. at L. 34 sec. 2; 1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L.
372 sec. 2; 1711, II St. at L. 388 sec. 2; 1717-18, III St. at L. 175 sec. 11; 1724-25,
IV St. at L. 10 sec. 13; 1757-58 V St. at L. 337 sec. 13; 1759, V St. at L. 379 sec. 12;
1759-60, VI St. at L. 3 sec. 12.
* 1799, III St. at L. 393 sec. 12 sup. 1834 P.L. 537 sec. 27 rep. 1841 P.L. 400 sec. 9.
10 1841 P.L. 400 sec. 1 sup. Const, art. XIV, sec. 2 as am. 1909; 1841 P.L. 400 sec.
1 rep. 1929 P.L. 1278 sec. 1051 but reen. as am. in sec. 141.
“ From 1803 until 1841 he was not permitted to serve for more than 3 years in any
given 6-year period. 1803, XVII St. at L. 361 sec. 1 sup. 1834 P.L 537 sec. 29 rep.
1841 P.L. 400 sec. 9 but reen. as am. in sec. 3 rep. 1929 P.L. 1278 sec. 1051, but reen.
in sec. 142.
360
TREASURER
361
judges, the five clerical officers, the county commissioners, and the con-
troller may not serve as treasurer during their incumbency.12 Nor may
the county auditor be treasurer until 2 years after the conclusion of his
term of office.13
The treasurer may be removed from office for cause. If the commis-
sioners believe that he is misusing or improperly managing the county
funds they petition the court of quarter sessions for relief. The validity of
the complaint being established, the court may make an order for his re-
moval or demand the posting of additional security by the treasurer.14
On request of the Auditor General, the commissioners remove a treas-
urer for failure to file a bond with that officer.15 The court of common
pleas may dismiss the treasurer for willful refusal to settle his accounts
with the State. Such a vacancy is filled by the commissioners until
the next general election.16 Before 1929 vacancies were successively filled
by the commissioners and assessors, and the commissioners alone.17 At
present all vacancies, but the one exception previously mentioned, are
filled by the Governor. The appointee holds office until a new treasurer is
selected at the first municipal election which takes place 2 or more months
after the vacancy occurred.18
Before he may assume office the treasurer must take an oath which is
filed with the prothonotary.10 He is also required to give bond, in the
amount determined by the county commissioners, as security for the faith-
ful performance of his duties to the county.20 A second bond, with the
security determined by at least two of the judges of the court of common
pleas, if there is more than one judge, is given for the faithful performance
of his duties to the State. This bond is delivered to the Auditor General
12 1799, 3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 28 rep. 1841 P.L. 400 sec. 9 but
reen. as am. in sec. 3 rep. 1929 P.L. 1278 sec. 1051, but reen. in sec. 142.
13 1871 P.L. 79 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. as am. in sec. 122.
14 1841 P.L. 400 sec. 6 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 144.
15 1834 P.L. 537 sec. 36 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 146.
18 1859 P.L. 607 secs. 1, 2.
17 1717-18, III St. at L. 175 sec. 11 ; 1724-25, IV St. at L. 10 sec. 13; 1780, X St. at
L. 238 sec. 6; 1799, 3 Sm.L. 393 sec. 12 sup. 1834 P.L. 537 sec. 27 rep. 1841 P.L. 400
sec. 9 but reen. in sec. 5 rep. 1929 P.L. 1278 sec. 1051.
18 1929 P.L. 1278 sec. 60 am. 1931 P.L. 401 sec. 1.
19 1795, XV St. at L. 322 sec. 11.
“1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13; 1767, VII St.
at L. 146 sec. 2; 1799, 3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 33 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 143 am. 1933 P.L. 950 No. 185.
362
COUNTY GOVERNMENT
and is placed on record in the office of the recorder of deeds.21 In certain
counties the treasurer may appoint a deputy and various clerks.22
Formerly, all treasurers were paid only by fees and commissions.23 At
present this is the case only in seventh and eighth-class counties where the
commissioners and auditors determine the rate of commission.24 In sixth-
class counties the treasurer receives a salary fixed by the commissioners
and auditors,25 but not to exceed $4,000 per annum.26 In every third,27
fourth,28 and fifth-class 20 county, the treasurer annually receives $5,000.
Powers and Duties. The treasurer receives all moneys paid to the
county and pays out all money disbursed by the county. He is permitted
to release county funds only on warrants drawn by a majority of the
commissioners.30 In counties with a controller, that officer must counter-
sign all warrants before they are valid.31 The law of 1937 provides that the
treasurer act in a similar capacity for the county institution district and
that he receive no additional compensation for this work.32 All fees received
by salaried county officials are remitted to the treasurer.33 In third-class
31 1828 P.L. 491 sec. 1 sup. 1834 P.L. 537 sec. 34 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 145.
" 1923 P.L. 62 sec. 3 applies to fifth-class counties; 1929 P.L. 1278 sec. 149 am.
1931 P.L. 401 sec. 1 applies to third-class counties.
33 1794, XV St. at L. 149 sec. 3; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P.L. 537 sec. 41.
1834 P.L. 537 sec. 41 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 150.
“ 1875 P.L. 54 sec. 1 am. 1921 P.L. 437.
3" 1923 P.L. 944 No. 375 am. 1931 P.L. 560.
27 1876 P.L. 13 sec. 13 am. 1881 P.L. 21 sec. 1 further am. 1887 P.L. 301 sec. 1 further
am. 1901 P.L. 641 sec. 1
33 1876 P.L. 13 sec. 14 am. 1895 P.L. 424.
” 1923 P.L. 62 sec. 1.
*’ The Frame of the Government, October 26, 1696, in Charter to William Penn,
p. 258 sec. 3; 1700, II St. at L. 34 sec. 33 (until 1718 payments were made by order
of the assessors and the justices of the peace) ; 1717-18, III St. at L. 175 sec. 11 ; 1799,
3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 37 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 362.
“ 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs.
347, 352.
” 1879 P.L. 78 sec. 8 rep. 1937 P.L. 2017 sec. 702; 1925 P.L. 762 sec. 212 am. 1933
P.L. 1073 No. 257 rep. 1937 P.L. 2017 sec. 602 but reen. as am. in secs. 302, 303.
” 1876 P.L. 13 sec. 2 (applies to counties of over 150,000 population); 1921 P.L.
1006 sec. 2 (applies to fifth-class counties) ; 1923 P.L. 944 sec. 7 am. 1927 P.L. 128
No. 100 (applies to sixth-class counties) ; 1929 P.L. 1278 sec. 302 (applies to all
counties).
TREASURER
363
counties he places all county funds only in institutions which have been
designated as county depositories.34
The treasurer may not be directly or indirectly interested in any contract
to which the county is a party, or of which the work is performed under
authority of the commissioners. Upon conviction, the treasurer is fined
and removed from office.35 It is also a misdemeanor, with similar resultant
penalties, for him to use county funds for any purpose other than that for
which they were designated.38
An important duty of the treasurer is to receive all State and county
taxes from the local tax collectors.37 When collectors settle these accounts
with him they must state under oath that they have made true and just
returns. These oaths are administered by the treasurer and filed with
the commissioners.38 Whenever any borough cannot procure the services
of a local resident, the borough council may appoint the county treasurer
to act as tax collector. The treasurer, in turn, is authorized to name a
deputy to perform these duties.39 A similar procedure may be followed
in case of vacancies in the office of tax collector in second-class townships.40
The treasurer is agent for the State for the collection of various license
fees and taxes.41 These include mercantile license taxes 42 and the similar
taxes on auctioneers, brokers, agents, and factors,43 as well as license fees
for operators of numerous types of amusements 44 and hawkers and
34 1929 P.L. 1278 sec. 408 added 1933 P.L. 954 sec. 2.
33 1806, XVIII St. at L. 222 ch. 2693 sup. 1834 P.L. 537 sec. 43 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 64; 1841 P.L. 400 sec. 6 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 64.
30 1929 P.L. 1278 sec. 148. See also 1842 P.L. 488 sec. 2.
37 1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L. 372 sec. 2; 1777, IX St. at
L. 75 sec. 8; 1799, 3 Sm.L. 393 sec. 16 sup. 1834 P.L. 509 sec. 49 sup. as to twps. 1885
P.L. 187 sec. 3 rep. as to twps. 1917 P.L. 840 sec. 1500; 1891 P.L. 212 sec. 1.
38 1846 P.L. 486 sec. 19.
39 1927 P.L. 519 sec. 901 am. 1933 P.L. 817 No. 135 sec. 1 further am. 1935 P.L. 1208.
40 1933 P.L. 103 sec. 423 am. 1935 P.L. 1205.
41 1929 P.L. 343 secs. 607, 610.
42 1821, 7 Sm.L. 471 rep. 1824 P.L. 32 secs. 8, 9 rep. 1830 P.L. 387 sec. 11, but reen.
in sec. 1. These acts applied only to foreign merchandise, but the terms of them were
extended to domestic merchandise, 1841 P.L. 307 sec. 102 and 1846 P.L. 486 sec. 11;
1899 P.L. 145 sec. 5 am. 1929 P.L. 681 sec. 2; 1907 P.L. 117 No. 93. In 1943 the
mercantile tax was abolished, 1943 P.L. 237.
43 1907 P.L. 175 sec. 4 am. 1929 P.L. 687 sec. 2.
44 1895 P.L. 249 sec. 1 am. 1907 P.L. 219 further am. 1911 P.L. 253 rep. 1913 P.L.
229 sec. 24 but reen. as am. in sec. 6; 1907 P.L. 244 sec. 3.
364
COUNTY GOVERNMENT
peddlers,43 dog owners,40 kennel keepers,47 fishermen,48 and hunters.40
From the gross amount of money received for the Commonwealth, the
treasurer is entitled to deduct a commission, the amount of which is set
by law.50 With the consent of the Department of Revenue the treasurer
may hire extra employees for work relating to the issuance of licenses.61
Before July first of each year the mercantile appraiser certified to the
treasurer a correct list of all persons assessed with the mercantile tax.
This list contained the name, address, classification, and amount of tax
assessed for each merchant.32 Any merchant aggrieved by the amount
in which he is assessed might appeal to the county treasurer and the mer-
cantile appraiser sitting together. Further appeals were made to the court
of common pleas.33 A merchant failing to file a return must appear before
the treasurer with his books and accounts, and the treasurer evaluated the
amount of business transacted. In connection with these duties the treas-
45 1834 P.L. 537 sec. 38; 1901 P.L. 563 sec. 1 (does not apply to third-class cities
and does not repeal special laws).
4,; 1893 P.L. 968 sec. 1 rep. 1917 P.L. 818 sec. 41 but reen. as am. in sec. 4 rep. 1921
P. L. 522 sec. 43 but reen. in sec. 3 am. 1925 P.L. 641 further am. 1927 P.L. 833 sec.
2 further am. 1929 P.L. 456.
47 1917 P.L. 818 sec. 11 rep. 1921 P.L. 522 sec. 43 but reen. in sec. 11 am. 1925 P.L.
115 sec. 1 further am. 1927 P.L. 833 sec. 6 further am. 1929 P.L. 456 sec. 3.
48 1903 P.L. 309 sec. 2 sup. 1917 P.L. 11 (these acts deal with eeling licenses) ; 1919
P.L. 778 sec. 4 (this act provided only for nonresident fishing licenses) rep. 1925 P.L.
448 sec. 292 but reen. as am. in sec. 221 am. 1929 P.L. 451 sec. 2 further am. 1935 P.L.
1145 further am. 1937 P.L. 2643 sec. 1 further am. 1939 P.L. 834 sec. 4; 1925 P.L. 448
sec. 220 am. 1927 P.L. 773 further am. 1929 P.L. 451 further am. 1933 P.L. 1419 sec.
2 further am. 1935 P.L. 1145 further am. 1937 P.L. 2643 sec. 1 further am. 1939 P.L.
834 sec. 4; 1925 P.L. 639 sec. 8; 1925 P.L. 448 sec. 225 am. 1927 P.L. 773 sec. 2 further
am. 1929 P.L. 451 sec. 6 further am. 1939 P.L. 831.
4“ 1901 P.L. 96 rep. 1903 P.L. 178 No. 136 sec. 4 but reen. as am. in sec. 1 rep. 1917
P.L. 151 sec. 11 but reen. as am. in sec. 2 (these acts applied only to nonresidents and
aliens) rep. 1923 P.L. 359 sec. 1301 but reen. in sec. 304 which also provides for resi-
dent hunting licenses am. 1927 P.L. 815 sec. 1 rep. 1937 P.L. 1225 sec. 1501 but reen.
in sec. 301 ; 1913 P.L. 85 sec. 2 rep. 1923 P.L. 359 sec. 1301 but reen. in sec. 304.
M 1834 P.L. 537 sec. 42 am. 1925 P.L. 656 further am. 1927 P.L. 473; 1850 P.L.
471 sec. 7.
61 1921 P.L. 522 sec. 3 am. 1925 P.L. 641 further am. 1927 P.L. 833 sec. 2 further am.
1929 P.L. 456 sec. 1; 1929 P.L. 343 sec. 610(d).
“ 1899 P.L. 184 sec. 9 am. 1923 P.L. 986 sec. 2 further am. 1925 P.L. 700 sec. 2
further am. 1929 P.L. 681 sec. 5.
“ 1899 P.L. 184 sec. 6 am. 1929 P.L. 681 sec. 3.
TREASURER
365
urer might issue subpoenas and attachments. 154 He also sued for the collec-
tion of all mercantile license fees not paid on or before September first. In
the presence of satisfactory evidence why payment could not be made, he
reported the facts to the Auditor General who might then make exonera-
tions.53 Similar powers were vested in the treasurer in connection with the
license fees paid by brokers, agents, and other vendors of intangibles.38
When all appeals were heard and exonerations granted, the treasurer
certified the corrected lists and transmitted them to the Department of
Revenue.57
Gypsies desiring to camp within the county must obtain a license from
the treasurer. The money realized from this type of license accrues to the
county rather than to the Commonwealth.58 He also issues dance hall
licenses in the townships 59 and a special license to catch wild pigeons.60
Formerly he granted automobile licenses.61 He collects inheritance taxes
received prior to the filing of the register of wills’ bond to the State.62
During various periods of Pennsylvania’s history, the county treasurer
had powers concerned with the issuing of liquor and tavern licenses ; until
1887 he issued them to persons recommended by the court of quarter ses-
sions.63 Between 1933 and 1937 he granted “retail dispenser’’ malt bever-
age licenses.84 Persons refused such licenses appealed to the court of
quarter sessions and at the subsequent hearing the treaurer had to testify.
54 1899 P.L. 184 sec. 5 am. 1929 P.L. 681 sec. 2.
55 1899 P.L. 184 sec. 7 am. 1901 P.L. 565 sec. 1 further am. 1919 P.L. 1072 sec. 1
further am. 1923 P.L. 986 sec. 1.
68 1907 P.L. 175 sec. 5 am. 1929 P.L. 687 sec. 3; 1907 P.L. 175 sec. 6 am. 1929 P.L.
687 sec. 4.
57 1899 P.L. 184 sec. 9 am. 1923 P.L. 986 sec. 2 further am. 1925 P.L. 700 sec. 2
further am. 1929 P.L. 681 sec. 5.
58 1909 P.L. 445.
" 1927 P.L. 968 sec. 2.
80 1881 P.L. 95.
81 1903 P.L. 268 No. 202 secs. 6, 7 rep. 1913 P.L. 672. By the act of 1903 city treas-
urers also had this power. The law of 1913 took this power away from all cities
and counties.
82 1929 P.L. 343 sec. 608.
83 1794, XV St. at L. 149 secs. 1, 2; 1811, 5 Sm.L. 228 sec. 20 sup. 1887 P.L. 108
sec. 2, which provided that the court alone issue these licenses; 1815, 6 Sm. L. 256 sec.
1 sup. 1834 P.L. 117 rep. 1933 P.L. 853 sec. 601.
84 1933 P.L. 252 sec. 3 am. 1933-34 (Sp. Sess.) P.L. 75 No. 14 further am. 1935
P.L. 1217 further am. 1937 P.L. 1827.
366
COUNTY GOVERNMENT
No further appeal was possible.05 Now, however, these powers are vested
in the Pennsylvania Liquor Control Board.00
An important duty of the treasurer is the selling of land on which the
taxes have not been paid. Originally only unseated lands were sold for
taxes, and the sheriff was in charge of such sales.07 In 1909 this responsi-
bility was transferred to the treasurer 00 who was authorized to execute
the deeds for all such property sold.09 Since 1844 he has been permitted
to sell seated as well as unseated land for delinquency of taxes.70 During
the depression such sales were generally postponed,71 but at present they
are again taking place. No tax sale may be held prior to the second year
after that in which the unpaid taxes were levied, or after 5 years from
the date on which the taxes were first entered in the Tax Return Docket.72
For 3 successive weeks prior to the sale, the treasurer advertises in two
newspapers of the county, and gives written notice to the person in posses-
sion of the property. To secure the property the purchaser must offer
enough to pay the delinquent taxes, the treasurer’s fee, and the cost of
advertising.73 Within 2 years after sale, the original owner may redeem
the property by repaying the amount given by the purchaser in addition
to 15 percent of the taxes which were due.71 At the first term of court after
a treasurer's sale, the treasurer makes a report and a return to the court of
common pleas giving a brief description of the property, the name of the
person in whose name it was assessed, the time of advertising the sale, the
name of the purchaser, and the amount paid. Thereupon the court confirms
the sale nisi. The treasurer publishes a notice in a newspaper that the sale
was made and that exceptions to it may be filed within 60 days. If there are
exceptions the court of common pleas decides whether they are to be sus-
65 1933 P.L. 252 sec. 7 am. 1935 P.L. 1217 further am. 1937 P.L. 1827.
m 19 37 P.L. 1827 so amends 1933 P.L. 252 that the treasurer’s duties in this respect
are all taken away.
'' 1799, 3 Sm.L. 393 sec. 25 rep. 1804 P.L. 517, 4 Sm.L. 201 sec. 7 but reen. in sec. 2.
"• 1809 P.L. 192, 5 Sm.L. 73 sec. 1 ; 1815, 6 Sm.L. 299.
1815, 6 Sm.L. 299 sec. 2 am. 1933 P.L. 34 No. 29.
70 1844 P.L. 486 sec. 41 ; 1897 P.L. 11.
,l 1931 P.L. 280 sec. 8 am. 1932 (Sp. Sess.) P.L. 50 further am. 1933 P.L. 39 further
am. 1939 P.L. 498 sec. 7; 1935 P.L. 3.
77 1931 P.L. 280 sec. 8 am. 1939 P.L. 498 sec. 7.
73 1847 P.L. 278 sec. 2 am. 1925 P.L. 82; 1929 P.L. 1684 sec. 3 rep. 1933 P.L. 280
sec. 22 but reen. in sec. 7 am. 1939 P.L. 498 sec. 3.
74 1815, 6 Sm.L. 299 sec. 4 am. 1935 P.L. 663; 1929 P.L. 1684 sec. 12 rep. 1931 P.L.
280 sec. 22 but reen. in sec. 9 am. 1935 P.L. 661 further am. 1935 P.L. 1321 further
am. 1939 P.L. 498 sec. 3.
TREASURER
367
tained.75 After the purchase the treasurer gives a deed to the buyer.70
The treasurer may sell again all lands taken over by the commissioners
and unredeemed.77
In every county with a sinking fund, the treasurer, together with the
county commissioners and the controller or auditors, belongs to the sinking
fund commission.78 The treasurer of a sixth-class county is a member of
the salary board.79 In those third-class counties in which a retirement fund
for county employees has been set up, the treasurer has custody of the
money paid into it.80
A number of reports must be made by the county treasurer to other
officials. In counties with a controller, the treasurer makes a daily report to
that officer of all money received by him for the county, the persons to
whom they were paid, and on what account.81 When there is no controller,
the treasurer makes a similar report four times a year to the county com-
missioners with a statement of all money received or disbursed since the
last statement. At that time the treasurer exhibits the balance remaining
and the amounts of taxes due from each tax collector. Annually he states
his accounts and produces his vouchers which, after examination by the
commissioners, are laid before the auditors for settlement.82 He makes a
monthly report to every municipality and school district of the county
which gives a detailed statement of all delinquent taxes, penalties, fines,
and costs collected by him ; along with this report, he remits the money
due to the municipality or school district.83
Every year on or before March fifteenth the treasurer makes a report
to the Department of Revenue showing the amount of outstanding indebt-
edness of the county, the interest rates, and the dates on which dividends
are due. Whenever the county makes a payment of interest, the treasurer
76 1929 P.L. 1684 sec. 9 rep. 1931 P.L. 280 sec. 22 but reen. in sec. 12 am. 1939 P.L.
498 sec. 7.
1929 P.L. 1684 sec. 7 rep. 1931 P.L. 280 sec. 22 but reen. in sec. 14; 1933 P.L.
924 No. 174.
77 1815 P.L. 177, 6 Sm.L. 299 sec. 5; 1885 P.L. 268 sec. 4.
78 1911 P.L. 895 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 395.
78 1923 P.L. 944 sec. 5 am. 1933 P.L. 250 further am. 1937 P.L. 567.
80 1937 P.L. 1625 sec. 6.
81 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 347.
82 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732, IV St. at L.
234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P.L. 537 sec. 37 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 362.
83 1933 P.L. 1022.
368
COUNTY GOVERNMENT
must report this fact immediately. These reports to the Department of
Revenue give any other information required by the Department.84 On
the first Monday of every month this official must render to the Depart-
ment a return of all moneys received during the preceding month for the
use of the Commonwealth. It clearly shows under the proper headings
the source from which all money was obtained. This report is made under
oath and at the same time the money is paid over to the Department of
Revenue less any compensation or reimbursement which is legally per-
mitted for expenses."'’ The treasurer sends an annual report to the Auditor
General of money received by him for the use of the county.80 He trans-
mits to the Auditor General a copy of the mercantile appraiser’s list.87
Once a month the treasurer sends the Department of Revenue a list of
all fishing licenses granted by him with the names and addresses of the
licensees entered on blanks furnished by the State.88 Similar reports are
sent in concerning hunting licenses.80 When a person licensed to hunt or
fish wishes to use firearms just for that purpose, he registers this fact with
the treasurer who sends a copy of the registration to the Secretary of the
Commonwealth.1"1 A report of all dog licenses issued is sent to the De-
partment of Revenue.01
The treasurer must inform the Secretary of Forests and Waters and
the Secretary of Agriculture of all proposed sales of unseated lands for
14 1929 P.L. 343 sec. 709.
85 1825 P.L. 247 sec. 3 sup. 1834 P.L. 537 sec. 39; 1859 P.L. 559 sec. 79 sup. in part
1893 P.L. 125 sec. 1; 1893 P.L. 125 sec. 2 sup. in part by 1929 P.L. 343 sec. 1710;
1929 P.L. 343 sec. 901 am. 1931 P.L. 318 sec. 1.
80 1830 P.L. 147 sec. 3 rep. as far as it is inconsistent with the provisions of 1929
P.L. 343 in sec. 1805 of that act.
97 1845 P.L. 532 sec. 8 extended to all counties 1846 P.L. 486 sec. 12; 1899 P.L. 184
sec. 8 am. 1909 P.L. 297 sec. 1 further am. 1929 P.L. 687 sec. 6 deals with intangibles;
1907 P.L. 244 sec. 4 applies to billiards; 1913 P.L. 229 sec. 13 am. 1929 P.L. 691 sec. 6
applies to amusements.
98 1919 P.L. 778 secs. 8, 9 rep. 1925 P.L. 448 sec. 292 but reen. as am. in sec. 224
am. 1929 P.L. 451 sec. 5 further am. 1935 P.L. 150 sec. 1 further am. 1937 P.L. 2643
sec. 4.
68 1913 P.L. 85 sec. 7 rep. 1923 P.L. 359 sec. 301 ; 1917 P.L. 151 No. 86 sec. 2 rep.
1923 P.L. 359 sec. 1301 required this record to be sent once a month to the Board of
Game Commissioners; 1923 P.L. 359 sec. 308 am. 1929 P.L. 444 sec. 6 further am.
1935 P.L. 151 rep. 1937 P.L. 1225 sec. 1501 but reen. in sec. 310.
80 1931 P.L. 497 sec. 6 am. 1935 P.L. 350.
81 1921 P.L. 522 sec. 15 am. 1929 P.L. 456 sec. 5. Until 1929 this was sent to the
Department of Agriculture.
TREASURER
369
taxes. This is to afford them an opportunity to purchase land for their
departments.92
Records. The law requires that the treasurer keep his books and papers
at the county seat in the place provided for them by the commissioners.93
In counties with a controller, all the treasurer’s records are open to his
inspection during office hours.94
TAXATION 95
Collection of Taxes
Tax Collectors’ Address Book, 1915 — .
This book contains the names and addresses of tax collectors of the county.
It shows name of political subdivision, tax collector's office hours, date
when taxes are due, and periods when discounts and penalties are in effect.
This book is usually indexed both by the names of the boroughs and town-
ships and by the names of the tax collectors.96
Tax Receipts, may date from the establishment of the county. Title
varies: Receipt Stubs; Institution District; Treasurer’s Receipts;
Taxes.
Duplicate receipts for taxes paid showing receipt number, date, names of
taxable and tax district, amount paid, and signature of the treasurer or
clerk.
Record of Taxes Received. Title varies: Collector’s Accounts; Tax
Register ; Ledger ; Tax Book.
A record of collection of taxes by the tax collectors of each municipality,
showing name of municipality ; names and addresses of tax collectors and
taxpayers ; amount of State, county, road, bridge, poor, sinking fund, and
other types of taxes collected ; and date of receipt.
92 1897 P.L. 11 sec. 1.
03 1929 P.L. 1278 sec. 56.
“ 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 347.
95 The records of taxes collected are not required to be kept in any specific form, but
the treasurer must keep a true account of all moneys which he receives or disburses.
| The Frame of the Government, 1696, in Charter to William Penn, p. 258, sec. 3; 1700,
II St. at L. 34 sec. 3; 1717-18, III St. at L. 175 sec. 11 ; 1724-25, IV St. at L. 10 sec.
6; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P.L. P.L. 537 sec. 37 rep. 1929 P.L. 1278 sec.
1051 but reen. in sec. 362; 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051
but reen. in sec. 347.
96 1915 P.L. 11; 1927 P.L. 519 sec. 1303.
370
COUNTY GOVERNMENT
Record of Special Taxes Received- Title varies: Record of Un-
seated Lands; Journal (Road and School Taxes) ; Side Path Fund;
Road Orders; Treasurer’s Bicycle Assessment.07
Special records are sometimes kept for one or more particular types of
taxes such as taxes on unseated lands, 9S road taxes, school taxes, poor
taxes, and the old bicycle tax.90 The information contained is similar to
that found in Record of Taxes Received.
Delinquency
Tax Collectors’ Reports of Delinquent Taxes. Title varies: Col-
lectors’ Reports to Treasurer; Treas. Lhiseated Tax Duplicate;
Certified List to Treasurer.100
The individual tax collectors’ reports of delinquent county taxes are some-
times kept on file. They show the date, taxpayer’s name and address,
collector’s name, amount and type of tax, dates and amounts of payment,
and balance due.101
Delinquent Tax File, usually of recent date.
In some counties a card file had been kept of all delinquent county taxes.
It shows name and address of taxpayer; district; index number; location,
description, and valuation of property; mileage rates; type, years, and
amounts of taxes; plan for payment; dates and amounts of installments;
and receipt number.102
Paid Delinquent Tax File, usually of recent date.
In a few of the counties where the Delinquent Tax File has been set up,
a second file has been made which contains the cards of taxpayers who have
lifted their delinquencies. The information contained is the same as that
in Delinquent Tax File. In addition, each card shows the amount of
penalty ; date and amount of full or first payment ; treasurer’s signature for
receipt in full; transfers or redemptions, with name and address of new
1,7 Not every county has these special records; where they are found, they often
cover only a short period in the history of the county.
M 1879 P.L. 34 sec. 1.
00 See essay on Board of County Commissioners.
100 In a few counties the original tax collectors’ reports have not been kept, but in-
stead have been transcribed into a book by the treasurer.
101 1897 P.L. 242 sec. 1 rep. as to boro, taxes 1927 P.L. 519 sec. 3301 but reen. in
sec. 1080.
103 Such files have been installed in a few of the more populous counties only.
TREASURER
371
owner or redeemer ; and a notation of treasurer’s sale, with name and
address of purchaser, costs, and deed number.103
Receipts for Delinquent Taxes. Title varies: County Receipts;
Taxes.
Duplicates of receipts given to payers of delinquent taxes are sometimes
filed separately from the duplicates of receipts for the payment of current
taxes. The information contained, however, is usually the same as in Tax
Receipts.104
Record of Receipts for Delinquent Taxes. Title varies: Treasurers’
Register of Tax Receipts.
Record of receipts issued for payment of delinquent taxes on seated and
unseated lands, showing receipt and warrant numbers, name of municipal-
ity, number of acres, value of property, names of warrantee and owner,
types and amounts of tax, total amount due, date of payment, treasurer’s
signature, and volume and page where it is recorded in Record of De-
linquent Taxes.105
Record of Delinquent Taxes (Seated Lands). Title varies: Seated
Land Returns ; Record of Seated Lands.
Record of delinquent taxes on seated lands, showing name of municipality
or ward number; tax year; owner's name; location, description, and as-
sessed valuation of property; types and amounts of taxes and penalties
due ; exonerations ; tax collector’s commission ; date of audit ; and dates and
amounts of payments made.108
Record of Delinquent Taxes (Unseated Land). Title varies: Town-
ship Tax Returns; Treas. Unseated Land Book.
This record is similar to Record of Delinquent Taxes (Seated) but it
deals only with delinquencies and taxes on unseated lands.107
Uncollectible Taxes.
This is a record of uncollectible taxes, showing the year, taxpayer’s name,
district, and amount and type of tax.108
103 Such a file is not kept in every county which has a Delinquent Tax File.
"I4 These are very seldom kept separately from the record entitled Tax Receipts.
10j This is a very infrequently kept record.
106 1929 P.L. 1684 sec. 8 rep. 1931 P.L. 280 sec. 22 but reen. in sec. 11. Most counties
have kept this record prior to 1929, however.
107 1879 P.L. 31 sec. 1.
108 This is not a required record and is found in very few counties.
372
COUNTY GOVERNMENT
Tax Sales
Delinquent Tax Sales, may date from as early as 1809.100 Title
varies : Blotter.
This is a record of seated and unseated lands sold by the treasurer for
nonpayment of taxes. It gives the location and description of property,
names of former owner and purchaser, amount and years of delinquent
taxes, date of sale, amount paid by purchaser, costs, interest, and deed
transfer. If the property has later been redeemed, the date and amount of
redemption, and signature of clerk receiving payment is given.110
Redeemed Lands. Title varies: Treasurer Sale Book.
In this book are recorded facts similar to those in Delinquent Tax Sales.
It contains records, however, only of those lands which, after being sold,
were redeemed by the original owner.* * 111
Tax Sale Receipts. Title varies: Redemption Receipt Book.
In a few counties the treasurer keeps duplicate copies of tax sale receipts
or a book in which such receipts are recorded. The receipts may Ire for
either land purchased at treasurer’s sales or land redeemed by the original
owner. The information found in these papers or records includes names
and addresses of owner and purchaser ; location, description, and assessed
value of property; amount of delinquent taxes and costs; purchase price;
treasurer’s signature; and sale list number.112
Treasurer’s Deeds.
Sometimes the treasurer keeps copies of deeds to property sold for taxes.
Each deed shows names of owner and treasurer ; location and description
of property; tax years; years of delinquency; penalties; buyer’s name; sale
price ; signatures of treasurer, prothonotary, and witnesses ; notarial seal ;
and date file.113
103 The treasurer has sold unseated lands for taxes since 1809 and seated lands since
1844.
110 1929 P.L. 1684 sec. 8 rep. 1931 P.L. 280 sec. 22 but reen. in sec. 11.
111 This is a very infrequently kept record, since the information contained in it is
usually placed in the record entitled Delinquent Tax Sales.
u: These receipts are kept in but few counties and usually for short periods of time
only.
113 The treasurer very seldom keeps such a record. In most counties recordings of
treasurer’s deeds may be found in the office of the prothonotary or the recorder of
deeds, and deeds to property taken over by the commissioners are filed in the com-
missioners’ office.
TREASURER
373
List of Tax Sales. Title varies: Index to Sheriff’s Sales.
Some treasurers keep a record of the land which they have sold for taxes.
It shows date of sale ; court term and case number ; names and addresses
of last owner, purchaser, and attorneys ; location and description of prop-
erty; and amount of sale.114
FINANCIAL ACTIVITIES 115
Treasurer's Account Book, may date from the establishment of the
county. Title varies : Settlement Book.
This is a record of receipts and expenditures of the county, showing name
of account, date and amount of each receipt and expenditure, source of
income, purpose of expenditure, totals, and balances.
Daily Record of Receipts and Expenditures, may date from the
establishment of the county.116 Title varies: Journal; Daily Sheets.
This is a record of daily receipts and disbursements. The record of receipts
shows date, amount, and purpose ; names of payer, county, and State ; and
totals. The record of expenditures gives the following information : date,
warrant or check number, amount, payer’s name, total, and purpose.117
Miscellaneous Accounts. Title varies: Voucher Register; Record
Book of Poor Board Accounts; Transcript of Sheriff’s Fee Account
Book; Record of Jury Fees and Election Expenses; Mothers’ Pen-
sion ; Poor Directors’ Expense Accounts.
In the treasurer’s office there are often found additional account books,
relating only to specific types of receipts or expenditures. In form they
are based on the Treasurer’s Account Book or the Daily Record of Re-
ceipts and Expenditures. Each of these books usually covers but a short
period of time.
114 This is not a frequently kept record.
nr> The Frame of the Government, October 26, 1696, in Charter to William Penn,
p. 258, sec. 3; 1700, II St. at L. 34 sec. 3; 1717-18, III St. at L. 175 sec. 11 ; 1724-25,
IV St. at L. 10 sec. 6; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P.L. 537 sec. 37 rep. 1929
P. L. 1278 sec. 1051 but reen. in sec. 362; 1895 P.L. 403 No. 288 sec. 13 rep. 1929
P.L. 1278 sec. 1051 but reen. in sec. 347. These laws require that the treasurer keep
a true account of all the moneys which he receives or disburses. The actual form of
these accounts, however, varies in the different counties. In counties with a controller,
that officer decides how the accounts shall be kept, but in other counties the matter
is usually left to the treasurer's discretion.
116 This type of account book is not kept in every county.
117 The keeping of accounts in this form, is an almost universal practice in Penn-
sylvania counties.
374
COUNTY GOVERNMENT
Receipts, usually of recent date. Title varies: Check Book; Can-
celed Checks and Bank Statements ; General Receipts.
The treasurer often keeps receipts in some form for money paid out by
the county, and duplicate receipts for money received. The former often
consist of canceled checks or check stubs, sometimes accompanied by bank
statements.
Warrant Register.
The treasurer sometimes keeps a record of all warrants issued by the
county showing date, number, amount, and purpose of each warrant; and
payee’s name.118
ACCOUNTS WITH THE STATE
Record of State Funds, 1834 — ,119 Title varies: Treasurer’s Ac-
count Book.
The treasurer keeps a separate account book of all money received for use
of the Commonwealth from licenses issued by the treasurer. It shows date
when money was received, licensee’s name and address, type and amount
of license, total amount received, treasurer’s commission, amount due to the
State, and date of payment to Commonwealth.120
Daily Record of State Funds.
In some counties the treasurer keeps a daily record of cash received for
the State through the issuance of licenses. The information includes date,
number, type, and cost of each license ; licensee’s name and address ; and
treasurer’s commission.121
LICENSING AND REGISTRATION
Mercantile 122
Mercantile Lists.
These are copies of mercantile appraiser’s annual lists of all mercantile
establishments in the county, showing location, nature, and volume of each
118 Such a record is seldom kept, especially in the more populous counties, for the
controller must keep a warrant register.
““Records as early as 1834 seldom remain today.
120 1834 P.L. 537 sec. 38.
121 This record is not seldom kept, for the Record of State Funds is usually sufficient.
122 There is no legal requirement that the treasurer keep records of the mercantile
licenses issued, but these records are often found in his office. With the records of
mercantile licenses are found papers concerning licenses for various types of amuse-
ments and for auctioneers, brokers, agents, and factors.
TREASURER
375
business ; tax rate ; amounts of tax and fee ; bill and receipt numbers ; num-
ber of each type of business ; total amounts ; and appraiser’s certification.123
Bills for Mercantile Tax, usually of recent date.
These are the appraiser’s bills to merchants subject to license tax showing
date ; bill number ; licensee’s name and address ; location, type, and volume
of business ; total amount of license fee ; date due ; and appraiser's fee.
Receipts for Mercantile License Tax. Title varies: Mercantile
License Duplicates.
Duplicate or triplicate copies of license receipts are sometimes kept by the
treasurer. The information found here consists of date, number, and type
of license ; licensee’s name and address ; his annual volume of business ;
rate and amount paid ; year of license ; and official signatures.
Copies of Mercantile License. Title varies: Mercantile License
Stubs.
The treasurer sometimes keeps copies or stubs of mercantile licenses issued.
They show date of issue ; tax year ; license number ; name of licensee ; loca-
tion, type, and volume of business; tax rate; fees; and totals.
Copies of Monthly Return to the Department of Revenue Relative
to Issuance of Mercantile License Tax. Title varies : Fees and
Commissions Collected on State Mercantile Licenses.124
These are duplicate and triplicate copies of returns of mercantile licenses
issued by the treasurer, the former audited and returned by the Auditor
General. They show date, type of licenses, cost of each license, treasurer’s
commission, amount returned, and official signatures.125
Public Dance Hall or Ball Room License Stubs, 1927 — .
These are the stubs of licenses issued to dance halls located in the various
townships of the county. The information included consists of date and
number of license, owner’s name and address, location of dance hall, date
of application, term of license, certification, and treasurer’s signature. For
123 1899 P.L. 184 sec. 9 am. 1923 P.L. 986 sec. 2 further am. 1925 P.L. 700 sec. 2
further am. 1929 P.L. 681 sec. 5.
121 In some counties copies of all types of reports made to the State are filed together
in a record entitled Copies of Monthly Report.
125 1825 P.L. 247 sec. 3 sup. 1834 P.L. 537 sec. 39; 1857 P.L. 559 sec. 79 sup. in part
1893 P.L. 125 sec. 1 ; 1893 P.L. 125 sec. 2 sup. in part by 1929 P.L. 343 sec. 1710; 1929
P.L. 343 sec. 901 am. 1931 P.L. 318 sec. 1. This law provides for the making of a
monthly return of all money received for the State.
376
COUNTY GOVERNMENT
any ballroom of which a previous license has been revoked, the new license
shows the date and number of former license, and date revoked.126
Beer and Liquor
Beverage Licenses, 1933-37.127
These are applications for beverage licenses, with bonds of the applicants,
and certificates of 12 qualified electors. The applications show date; ap-
plicant’s name, address, and birthplace ; length of his residence in present
location and in the State ; date of his naturalization, if not a native-born
American ; type and duration of license desired ; description of premises ;
applicant’s signature ; and notarial seal. The bonds show amount of bond ;
conditions of obligation ; and signatures of principal, surety, and witnesses.
The certificates of electors contain the required number of signatures with
the name, address, and occupation of each elector. 12S
Malt Liquor License Stubs, 1933-37.
The treasurers of some counties have kept on file the stubs of beer licenses
which they issued. They show date, number, and type of license; licensee’s
name and address; amount of fee; and type of bond filed.120
Record of Beer Licenses Issued, 1933-37.
Occasionally the county treasurer has kept records of the beer licenses
issued. The facts shown are usually as follows : license number, amount of
fee, name and address of licensee, dates of filing application and issuance
of license, and type of bond posted.130
Old Liquor License Records, 1794 until the adoption of the
eighteenth amendment.131 Title varies: Liquor License Receipts;
Record of Liquor Licenses; Treasurer’s Distribution of Liquor
License Fees.
Various papers and records relating to the treasurer’s liquor licensing duties
in pre-prohibition days 132 frequently remain in his office. These consist of
120 1927 P.L. 968 sec. 3. The keeping of these papers is not compulsory.
121 1933 P.L. 252 sec. 10 am. (1933-34 Sp. Sess.) P.L. 75 No. 14 further am. 1935
P.L. 1217 rep. 1937 P.L. 1827.
123 1933 P.L. 252 sec. 10 am. 1933-34 (Sp. Sess.) P.L. 75 No. 14 further am. 1935
P.L. 1217 rep. 1937 P.L. 1827.
125 Since this is not a required record, it is not found in every county.
130 This record was occasionally kept by the county treasurer as a matter of
convenience.
131 Where these old records are found, they usually represent only brief periods in
the county’s history.
132 1794, XV St. at L. 149 secs. 1, 2; 1811, 5 Sm.L. 228 sec. 20 sup. 1887 P.L. 108
sec. 2; 1815, 6 Sm.L. 256 sec. 1 sup. 1834 P.L. 117 rep. 1933 P.L. 853 sec. 601.
TREASURER
377
duplicate liquor licenses, duplicates of receipts issued for payment of liquor
license fee, and records of the disbursement among municipalities of money
received for these licenses.133
Hunting
Hunting License Duplicates, 1913 — .
These are copies of hunting licenses issued to residents and nonresidents of
the county.134 They show the number and year of license ; date of issue ;
name, address, age, occupation, birthplace, and physical description of
applicant ; whether native-born or naturalized ; length of residence in the
county, if he is a resident; and amount of fee paid.135
Treasurer’s Reports of Hunting Licenses Granted, 1913 — . Title
varies: Monthly Return of Resident and Non-resident Hunters’
License ; Special Deer License.136
These are copies of the report sent periodically to the State Department of
Revenue of resident and nonresident hunting licenses issued. The informa-
tion contained includes the date of report, name and address of licensee,
type of license issued, fees collected, date when license was issued, and
treasurer’s signature.137
Fishing
Fishing License Duplicates, 1919 — . Title varies: Fishing License.
These are copies of fishing licenses issued to residents and nonresidents of
the county.138 They show the date of issue ; license number ; name, address,
133 It seldom happens that in one county all of these types of records have been kept.
For other papers concerning liquor licenses, see the records of the clerk of the court
of quarter sessions and oyer and terminer.
134 In some counties nonresident and resident licenses are placed in a single file, but
in others they are filed separately, each type under the correct classification.
135 1913 P.L. 85 sec. 7 rep. 1923 P.L. 359 sec. 1301 but reen. in sec. 308 am. 1929
P.L. 444 sec. 6 further am. 1935 P.L. 151 rep. 1937 P.L. 1225 sec. 1501 but reen. in
sec. 310.
138 In some counties these reports are found in Copies of Monthly Report, which
deals with all types of licenses issued.
13T 1913 P. L. 85 sec. 7 rep. 1923 P. L. 359 sec. 301 ; 1917 P. L. 151 No. 86 sec. 2 rep.
1923 P. L. 359 sec. 301 ; 1923 P. L. 359 sec. 308 am. 1929 P. L. 444 sec. 6 further am.
1935 P. L. 151 rep. 1937 P. L. 1225 sec. 1501 but reen. in sec. 310. Most counties keep
copies of these reports, even though it is not required to do so.
135 In some counties all fishing licenses are filed together, but in others resident and
nonresident licenses are filed separately.
378
COUNTY GOVERNMENT
age, and occupation of licensee; amount of fee; and signatures of licensee
and treasurer.130
Treasurers’ Reports of Fishing Licenses Granted, 1919 — . Title
varies: Resident Citizens Fishing License; Monthly Return on
Fishing License.140
On file there are copies of the reports on resident and nonresident fishing
licenses issued which are sent periodically to the State Department of Reve-
nue. The information found here includes the date of granting each license,
number and type of license, name and address of licensee, fee paid, monthly
total, and affidavit of the treasurer.141
S' pccial Firearms Permits 142
Gun Permits for Hunters and Fishermen, 1935 — . Title varies:
Gun Permit; Record of Firearms Licenses.
These are triplicate copies of the provisional firearms permits which are
issued with hunting and fishing licenses. They show the date of issuance ;
name, address, and physical description of licensee; number of his hunting
or fishing license; serial number, caliber, and make of weapon; and signa-
tures of treasurer and licensee.143
Dog
Copies of Dog Licenses Issued, 1917 — . Title varies: Dog License;
Treasurer’s Dog License Record ; Dog License Certificate.
Filed here are copies of licenses issued to dog owners. Each license shows
date of issue; number and year of license; name, address, and tax assess-
135 1919 P. L. 778 secs. 6, 7 rep. 1925 P. L. 448 sec. 292 but reen. in sec. 223 am. 1929
P. L. 451 sec. 4 further am. 1939 P. L. 1831.
In some counties these papers are found in Copies of Monthly Report which deals
with all types of license issued. In other counties the reports of hunting and fishing
licenses are filed together.
1,1 1919 P.L. 778 secs. 8, 9 rep. 1925 P.L. 448 sec. 292 but reen. as am. in sec. 224
am. 1929 P.L. 451 sec. 5 further am. 1935 P.L. 150 sec. 1 further am. 1937 P.L. 2643
sec. 4. Copies of these reports are kept on file in almost every county, although there
is no legal requirement that this be done.
142 For records of regular firearm permits, see essay on Sheriff.
1931 P.L. 497 sec. 6 am. 1935 P.L. 350. Since the keeping of these permits is
not compulsory, every treasurer does not preserve them. They may be found with
the license to which they relate.
TREASURER
379
ment district of owner; breed, sex, age, color, and markings of dog; amount
of fee; and signature of the clerk, justice, or notary who issued license.144
Record of Dog Licenses Issued, 1917 — . Title varies: Dog Licenses.
This is a record of all dog licenses issued, showing name of the assess-
ment district, date when license was issued, license number, owner’s name
and address, amount of fee, and transfers of ownership of dog.145
Dog Transfers.
In this book are recorded all changes of ownership of licensed dogs. It
shows the license number, name and address of new owner, and date of
transfer.146
Spayed Dog affidavits. Title varies : Dog Certificates.
These are certificates from veterinarians filed by owners attesting to spay-
ings showing date, veterinarian’s name and address, breed of dog, owner’s
name, and veterinarian’s signature.147
Kennel Certificates, 1917 — .
Duplicates of kennel certificates issued are filed here. Each license contains
the following information; date of license, location of kennel, number of
dogs allowed, amount of fee, date of expiration, and signature of
treasurer.148
Certificates of Dogs with Cropped Ears, 1933.
These are sworn certificates from persons who own dogs, the ears of which
were cropped or cut off prior to the passage of the law forbidding this
practice.148
144 1917 P.L. 818 sec. 14 rep. 1921 P.L. 522 sec. 43 but reen. in sec. 14 am. 1927 P.L.
833 sec. 8 further am. 1929 P.L. 456 sec. 4; 1917 P.L. 818 sec. 15 rep. 1921 P.L. 522
sec. 43 but reen. in sec. 15 am. 1929 P.L. 456 sec. 5.
145 This record was kept in only a few counties and usually for only a few years
after 1917.
148 1921 P.L. 522 sec. 14 am. 1927 P.L. 833 sec. 8 further am. 1929 P.L. 456 sec. 4.
A special record of transfers is not kept in every county, for the information found
here is entered on the dog license itself.
147 1921 P.L. 522 sec. 3 am. 1925 P.L. 641 sec. 1 further am. 1927 P.L. 833 sec. 2
further am. 1929 P.L. 456 sec. 1. In some counties these are filed in Copies of Dog
Licenses Issued.
148 1917 P.L. 818 sec. 14 rep. 1921 P.L. 522 sec. 43 but reen. in sec. 14 am. 1927
P.L. 833 sec. 8 further am. 1929 P.L. 456 sec. 4.
140 1933 P.L. 906 No. 164. This record does not exist in every county, since the law
does not require that it be kept.
380
COUNTY GOVERNMENT
Treasurer’s Report of Dog and Kennel Licenses Granted, 1921 — .
Title varies: County Treasurer’s Monthly Return Dog License and
Fines; Dog Licenses and Fines.150
These are copies of the periodical report of the treasurer of dog and
kennel licenses issued and dog fines levied.151 It shows date of report, num-
ber of each license, dog owner’s name and address, sex of dog, amount of
fee, and total amount collected.152
REPORTS TO OTHER OFFICIALS
Treasurer’s Daily Report to the Controller,153 may date from the
origin of the office of controller in the county.
These are copies of the treasurer’s daily reports to the controller of all
receipts and expenditures of the county showing date of report ; date,
amount, purpose, and name of payee on each receipt ; date, amount, and
warrant number of each expenditure ; and totals.154
Treasurer’s Quarterly Report to the Commissioners,155 may date
from the establishment of the county.
Copies of the treasurer’s quarterly report to the commissioners are some-
times kept on file. The information contained is similar to that found in
Treasurer’s Daily Report to the controller. In addition there is an account
of all money received or disbursed since the preceding statement.150
Treasurer’s Annual Report,157 may date from the establishment of
the county.
These are copies of the treasurer’s annual report to the commissioners and
150 In some counties the copies of these reports are found in Copies of Monthly
Report, which deals with all types of licenses issued by the treasurer.
151 In some counties the reports of dog fines are kept separately.
152 1921 P.L. 522 sec. 15 am. 1929 P.L. 456 sec. 5.
103 These reports are found only in counties with a controller.
1,4 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 347.
These reports have not been kept in every county since their preservation is not com-
pulsory.
165 These papers are found only in counties with auditors and in other counties only
for the period before the office of controller was established.
100 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732, IV St. at L.
234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P.L. 537 sec. 37 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 362. The law does not require that copies of these reports
be preserved, so they are not found in every county.
157 These reports are found only in counties with auditors, and in other counties for
the period when they had county auditors.
TREASURER
381
auditors showing all receipts and expenditures of the county for the pre-
ceding year. It gives an account of all warrants paid, taxes collected, land
redeemed, taxes still due, and moneys received from all sources.158
Copies of Treasurer’s Monthly Report to the State.
These are duplicate copies of monthly reports sent to the State Department
of Revenue and the Auditor General of all license fees collected by the
treasurer. They show date of report, numbers and types of licenses issued,
fee for each license, total amount of fees collected, treasurer's commission,
amount paid to the State, and treasurer’s signature.159
MISCELLANEOUS
Report of the Military Fund, 1822-87. Title varies.
These are special account books which the treasurer formerly kept of all
moneys received for the military fund.100
Correspondence. Title varies.
The treasurer often files his official correspondence.101
158 1700, II St. at L. 34 sec. 3; 1724-25, IV St. at L. 10 sec. 13; 1732, IV St. at L.
234 sec. 2; 1799, 3 Sm.L. 393 sec. 14 sup. 1834 P.L. 537 sec. 37 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 362. Since the keeping of copies of these reports is not
obligatory they are not found in every county.
16a 1825 P.L. 247 sec. 3 sup. 1384 P.L. 537 sec. 39; 1859 P.L. 559 sec. 79 sup. in
part 1893 P.L. 125 sec. 1 ; 1893 P.L. 125 sec. 2 sup. in part 1929 P.L. 343 sec. 1710;
1929 P.L. 343 sec. 901 am. 1931 P.L. 318 sec. 1. In most counties these reports are
filed separately according to the type of license issued.
100 1822, 7 Sm.L. 607 am. 71 rep. 1849 P.L. 665; 1858 P.L. 421 sec. 3 rep. 1887 P.L.
23 sec. 135. Traces of these old records remain today in very few counties.
161 The treasurer is not obliged to preserve his correspondence and does not always
do so.
XXIV
Mercantile Appraiser
Evolution, Powers, and Duties. In 1841 a State tax, based on the gross
receipts derived from merchants’ sales and formerly levied on vendors of
foreign merchandise only,1 * was extended to all mercantile establishments. -
Four years later the commissioners of Philadelphia and Allegheny counties
were authorized to appoint annually a mercantile appraiser to facilitate the
assessment of this tax.3 A law of 1846 provided for the establishment of
this office in every county.4 Mercantile appraisement was placed partially
under State supervision in 1899 when the Auditor General was authorized
to prescribe the forms used by the appraisers.5 * State control was completed
in 1919 when the Auditor General, rather than the county commissioners,
was given the authority to designate the mercantile appraiser.1'
Annually one mercantile appraiser was appointed for every county on or
before December 30th.7 8 He might be reappointed. This officer was obliged
to take an oath before assuming office.s His compensation consisted of a
definite commission for every mercantile license issued.9 The State gave
him mileage after he filed an affidavit with the Department of Revenue that
he has actually traveled the number of miles charged.10
This officer prepared a list of all establishments within the county which
are subject to the mercantile license tax.11 He thereupon visited each
person or firm on the list and demanded a sworn return, on blanks supplied
1 1821, 7 Sm.L. 471 rep. 1824 P.L. 32 secs. 8, 9 but reen. in sec. 1 rep. 1830 P.L. 387
sec. 11 but reen. in sec. 1.
7 1841 P.L. 307 sec. 10. For a list of the mercantile establishments subject to a tax,
see: Tax Commission Report, p. 17.
3 1845 P.L. 533.
‘ 1846 P.L. 486 sec. 12; 1887 P.L. 60 sec. 3 sup. 1899 P.L. 184 sec. 3; 1929 P.L.
343 sec. 609.
5 1899 P.L. 184 sec. 4 am. 1929 P.L. 681 sec. 1.
0 1899 P.L. 184 sec. 3 am. 1919 P.L. sec. 1 ; 1929 P.L. 343 sec. 406. Later legislation
transferred the power of appointing mercantile appraisers to the Secretary of Revenue.
7 Ibid.
8 1845 P.L. 532 sec. 5; 1879 P.L. 99.
“ 1849 P.L. 570 sec. 23; 1865 P.L. 4 sec. 1; 1873 P.L. 566 sec. 2; 1907 P.L. 117
sec. 1 ; 1907 P.L. 244 sec. 3.
10 1850 P.L. 471 sec. 8; 1862 P.L. 492 sec. 3; 1929 P.L. 343 sec. 609(c).
11 1845 P.L. 532 sec. 6.
382
MERCANTILE APPRAISER
383
by the Department of Revenue, of the whole volume of business transacted
the preceding year.12 If dissatisfied with the return submitted, the appraiser
assessed the business himself.13 Whenever a merchant refused to make out
a return, the mercantile appraiser reported that fact to the county treasurer,
who might require the merchant to appear before him.14 Appeals from the
appraiser’s assessment were made to the mercantile appraiser and the county
treasurer together, and further appeals went to the court of common pleas.15
When the returns were made, the mercantile appraiser prepared the final
appraisement list for advertising in newspapers designated by the De-
partment of Revenue. On or before July first he sent a list to the Auditor
General for audit, while he certified to the county treasurer a list of the
merchants who were subject to the license tax.16 Similar powers were
vested in the mercantile appraiser in connection with the assessment of the
business of brokers, agents, factors, and other dealers in intangibles 17 and
of proprietors of various amusements.18 The mercantile tax and the office
of mercantile appraiser were abolished in 1943. 18a
The actual collecting of the mercantile license tax and all fees, including
his own and the appraiser’s commission, was the duty of the county treas-
urer who paid over the appraiser’s fee to him.19 The treasurer sued for any
tax not returned to him by September first, unless the Auditor General was
satisfied that it could not be collected.20
Records. There were no statutory requirements for the keeping of rec-
ords by the mercantile appraiser, and records were seldom found in his
office.21 Those official papers kept by this officer were usually merely the
following current records :
u 1899 P.L. 184 sec. 4 am. 1929 P.L. 681 sec. 1.
13 1899 P.L. 184 sec. 6 am. 1929 P.L. 681 sec. 3.
14 1899 P.L. 184 sec. 5 am. 1929 P.L. 681 sec. 2.
16 1845 P.L. 532 sec. 7; 1862 P.L. 492 sec. 1 ; 1899 P.L. 184 sec. 6 am. 1929 P.L. 681
sec. 3.
16 1845 P.L. 532 sec. 8 sup. 1899 P.L. 184 sec. 9 am. 1923 P.L. 986 sec. 2 further am.
1925 P.L. 700 sec. 2 further am. 1929 P.L. 681 sec. 5.
17 1907 P.L. 175 am. 1929 P.L. 687 sec. 2.
18 1913 P.L. 229 am. 1929 P.L. 691.
18a 1943 P.L. 237.
19 1899 P.L. 184 sec. 9 am. 1923 P.L. 986 sec. 2 further am. 1925 P.L. 700 sec. 2
further am. 1929 P.L. 681 sec. 5.
” 1899 P.L. 184 sec. 7 am. 1919 P.L. 1072 further am. 1923 P.L. 986 sec. 1 further
am. 1925 P.L. 700 sec. 1 further am. 1929 P.L. 681 sec. 4 further am. 1931 P.L. 555
but the amendment of 1931 rep. 1933 P.L. 418 No. 303.
21 In most counties a number of records relating to the work of the mercantile
appraiser are found in the treasurer’s office.
COUNTY GOVERNMENT
384
License Tax Returns.
These returns show the name of the political subdivision, return number,
merchant s name and address, bill number, type and volume of business,
and attested signature of the merchant.
Duplicate Bills. Title varies: License Tax Bill.
Duplicates of the bills for the mercantile tax were sometimes kept by the
appraiser. Each bill gives the following information : the date, merchant’s
name and address, bill number, return form number, volume of business
transacted, amount of tax and fees, total amount due, and a copy of the
appraiser's signature.
XXV
Auditors and Controller
Evolution and Structural Organization. The first requirement for the
auditing of county officers’ accounts was made in a law of 1700 which
provided that the justices of the county court and the assessors annually
audit the accounts of the county treasurer.1 From 1718 until 1732, these
accounts were examined by the county commissioners and the assessors
instead.2 After 1732, the commissioners, assessors, and treasurer were
obliged annually to show to the justices and the grand jury all account
books with the proper vouchers if required to do so.3 Provision for the
selection of county auditors was made in 1791 when the court of common
pleas was authorized to appoint “three reputable freeholders * * * to
audit, settle and adjust the public accounts of the treasurer and commis-
sioners.” 4 After 1809 auditors were elected annually 5 6 and in 1810 they
began to examine the financial records of the sheriff and coroner as well
as those of the commissioners and the treasurer.0 In 1814 their term was
increased to 3 years, with one auditor replaced every year.7 The Consti-
tution of 1874 made the auditors county officers 8 and provided for the
triennial election of all three auditors, with each elector voting for but two
candidates,9 thus insuring representation of the minority party. Since 1909
the auditors, like other county officers, have had a 4-year term of office.10
At first the office of auditor was established in all counties, but in the
middle of the nineteenth century, special laws provided that in both Phila-
delphia 11 and Allegheny 12 counties, these officers be supplanted by 3
I 1700, II St. at L. 23 sec. 3.
2 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13.
3 1732, IV St. at L. 234 sec. 2.
4 1791, 3 Sm.L. 15 sec. 1.
5 1809 P.L. 42, 5 Sm.L. 19 sec. 1.
6 1810 P.L. 208, 5 Sm.L. 161.
7 1814, 6 Sm.L. 103 sec. 1 rep. 1929 P.L. 1278 sec. 1051 ; 1834 P.L. 537 sec. 44 rep.
1929 P.L. 1278 sec. 1051.
“Const., art. XIV, sec. 1.
* Ibid., art. XIV, sec. 7.
111 Ibid., art. XIV, sec. 2 as am. 1909.
II 1854 P.L. 21 sec. 12.
17 1861 P.L. 450.
385
386
COUNTY GOVERNMENT
controller who not only performed the duties of the auditors, but had
additional supervisory powers over the fiscal affairs of the county. In
1893 the office of controller was established in all counties with a popula-
tion of 150,000 or over,I * * * * * * * * * * * 13 and in 1909 provision was made for the setting
up of the office in any county of less than 150,000 upon a petition signed
by one-fourth as many persons as had voted in the preceding November
election. The petition, moreover, had to include the signatures of a number
of designated county officers.14 Since 1913 all counties of more than
100,000 population have been required to abolish the office of auditor and
elect a controller instead.15 Any county of the sixth, seventh, or eighth
class wishing to set up the office of controller follows the same procedure
as that provided for in 1909, except that court approval also is now re-
quired before the office can be thus established.18
Today in Pennsylvania, therefore, the office of auditor, at one time a
universal one, remains only in sixth, seventh, and eighth-class counties,
while controllers have replaced them elsewhere. In addition, Lawrence
County, a sixth-class county, set up the office of controller in 1931. 17 In
any county which was above the sixth class and is reduced in classifica-
tion after a later census, the office of controller remains established.18
When a county enters a population class in which the office of controller
is compulsory or itself sets up the office, the Governor names someone to
act as controller until an elected one is installed.19
An auditor or controller must be a citizen and a resident of the county
for at least a year prior to his election.20 The holding of certain public
positions renders a person ineligible for the office of county auditor or
controller until a definite period of time has elapsed. No member of a
I ! 1893 P.L. 393 held unconstitutional Comm. v. Samuels et al.. Appellants, 163 Pa.
283 (1894) and Comm. v. B. R. Severn, Appellant, 164 Pa. 462 (1894), but reen. and
am. 1895 P.L. 403 No. 288 rep. 1929 P.L. 1278 sec. 1051.
14 1909 P.L. 434 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 136 am. 1933 P.L.
948 No. 161.
16 1895 P.L. 403 No. 288 sec. 1 am. 1901 P.L. 140 No. 114 further am. 1913 P.L.
10 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 131 am. 1931 P.L. 401 sec. 1.
10 1929 P.L. 1278 sec. 136 am. 1933 P.L. 948 No. 154.
17 Pennsylvania Manual, 1929, p. 276 ; ibid., T931, pp. 304, 305.
'* 1929 P.L. 1278 sec. 131 am. 1931 P.L. 401 sec. 1.
" 1895 P.L. 403 No. 288 sec. 16 am. 1901 P.L. 140 No. 114 sec. 1 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 137; Attorney General’s Opinions, vol. 1901-2, pp. 1, 2
holds that the Governor may not appoint acting controllers for any county which “in
the future” enters the population class.
20 Const., art. XIV, sec. 3; 1929 P.L. 1278 sec. 131 am. 1931 P.L. 401 sec. 1.
AUDITORS AND CONTROLLER
387
school board or board of health or employee of the sheriff, treasurer, or
county commissioners may be a county auditor at the same time.21 A county
treasurer may not be a county auditor during his term of office nor for
2 years afterward.22 No one holding office under the United States Gov-
ernment may be a county controller until he has been out of office a year.
The period is increased to 2 years for various county officials and their
clerks who wish to be controller. These include the commissioners, treas-
urer, prothonotary, sheriff, district attorney, and the five clerical officers.23
Auditors and controllers may be re-elected any number of times.24
Vacancies in the office of auditor are filled by the court of common pleas.
The appointee, who holds office for the balance of the term, must have
voted for the auditor whose place he is taking.25 The Governor fills vacan-
cies in the office of controller. Such an appointee remains in office only
until a new controller is chosen in the first municipal election to take place
2 or more months after the occurrence of the vacancy.28 Any two
auditors make up a quorum.27 An oath, to be filed in the office of the pro-
thonotary, is required before any auditor 28 or controller 29 may assume
office. The auditors need not give bond, but every controller must post a
bond of $20, 000. 30 The controller appoints a deputy whose compensation
is fixed by the salary board.31
1841 P.L. 400 sec. 10; 1911 P.L. 309 sec. 469.
22 1871 P.L. 79 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 122.
"3 1895 P.L. 403 No. 288 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 132.
24 1895 P.L. 403 No. 288 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 132.
These acts apply only to the controller, but there is no provision forbidding auditors
to be re-elected.
25 1929 P.L. 1278 sec. 121.
*8 Ibid., sec. 60 am. 1931 P.L. 401 sec. 1; Attorney General’s Opinions, vol. 1925-26,
pp. 249, 250.
27 1791, 3 Sm.L. 15 sec. 2; 1834 P.L. 537 sec. 48 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 123.
28 1834 P.L. 537 sec. 46 sup. Const., art. VII, sec. 1 and rep. 1929 P.L. 1278 sec.
1051 but reen. as am. in sec. 53. Until 1874 this oath was filed with the clerk of the
court of quarter sessions.
29 1895 P.L. 403 No. 288 sec. 3 rep. 1929 P.L. 1278 sec. 1051 but reen. as am. in
sec. 53.
30 1895 P.L. 403 No. 288 sec. 3 rep. 1929 P.L. 1278 sec. 1051 but reen. as am. in sec.
133; 1893 P.L. 393 sec. 3 required a bond of at least $50,000.
31 1895 P.L. 403 No. 288 sec. 14 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 134
am. 1931 P.L. 401 sec. 1.
COUNTY GOVERNMENT
County auditors have always been paid on a per diem basis.32 At
present their compensation amounts to §6 a day in sixth-class counties 33
and $5 a day in seventh and eighth-class counties.3'1 Auditors also receive
mileage. The controller gets a definite annual salary set by law at $4,000
in third 35 and fourth-class 36 counties, $3,500 in fifth-class counties,37
and $2,500 in sixth-class.38 The controller and his assistants are also reim-
bursed for any expenses incurred in the performance of official duties.30
Powers and Duties. A number of the duties of county auditors and con-
trollers are alike or very similar. These officers are given the responsi-
bility of auditing the accounts of all county officers 40 and making a report
to the court of common pleas concerning the result of the audits. In this
report is included a statement of the balance due to or from each officer.41
The law also requires that auditors and controllers audit the accounts of
the institution district 42 and the probation officers,43 those of the county
treasurer with the State Treasury and those of each of the other county
officers who receive money for the use of the Commonwealth.44
The auditor or controller may issue subpoenas to secure the attendance
of any officer whose accounts are being adjusted, and of any other persons
whom it is necessary to examine as witnesses. These officers are also
authorized to compel the production of any relevant papers. At such times
"1791, 3 Sm.L. 15 sec. 8; 1809 P.L. 41, 5 Sm.L. 19 sec. 3 sup. 1834 P.L. 537 sec.
60 sup. 1887 P.L. 95. The act of 1887 did not repeal the many special laws on this
subject.
33 1929 P.L. 1634.
34 1887 P.L. 95 am. 1917 P.L. 1115 No. 375.
1876 P.L. 13 sec. 13 am. 1881 P.L. 21 sec. 1 further am. 1887 P.L. 301 sec. 1
further am. 1901 P.L. 641 sec. 1.
30 1876 P.L. 13 sec. 14 am. 1895 P.L. 424
37 1921 P.L. 1006 sec. 11 am. 1927 P.L. 377.
34 1923 P.L. 944 No. 375 sec. 1 am. 1931 P.L. 560.
33 1929 P.L. 1278 sec. 138 am. 1931 P.L. 401 sec. 1.
40 1791, 3 Sm.L. 15 sec. 1; 1809 P.L. 41, 5 Sm.L. 19 sec. 2; 1834 P.L. 537 secs.
47, 48 both rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 263 am. 1931 P. L. 401
sec. 1 ; 1895 P.L. 403 No. 288 sec. 4 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 341.
41 1791, 3 Sm.L. 15 sec. 5; 1834 P.L. 537 sec. 48 rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 263 am. 1931 P.L. 401 sec. 1 ; 1893 P.L. 393 sec. 6 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 345 am. 1931 P.L. 401 sec. 1 further am. 1935 P.L. 1184
sec. 1.
12 1925 P.L. 762 sec. 223 am. 1935 P.L. 1342 sec. 1; 1925 P.L. 762 sec. 1400, both
secs. rep. 1937 P.L. 2017 sec. 702 but reen. as am. in sec. 310.
43 1929 P.L. 1278 sec. 372.1 added 1931 P.L. 401 sec. 12.
44 1929 P.L. 1278 sec. 372.
AUDITORS AND CONTROLLER 389
any of these officers may administer oaths to all persons testifying before
them. Those who refuse to take the oath or to answer the questions may
be committed to the county jail by the auditors or the controller. If a
person in possession of necessary books or papers refuses to present them,
the auditors or controller use the evidence received from witnesses in
settling accounts. The report of such an examination is filed with the
court of common pleas and when it appears from it that an officer is in-
debted to the county or State, the report itself acts as a judgment against
his real estate. The defaulting official must also pay the cost of conducting
the examination. Within a limited time, appeals from these reports may
be taken to the court of common pleas by the county, the officer, or any
taxpayer. Further action takes place before the Supreme Court or the
Superior Court.45
From these duties of auditors and controllers concerning the adjust-
ment of county officers’ accounts, the controller’s responsibilities have
branched out so that he has supervision over all financial affairs of the
county and over the accounts of anyone who collects, receives, or dis-
tributes county funds or is in any way entrusted with the management or
custody of such moneys. At any time he may require from such officers a
detailed written account. Whenever he discovers any default or delinquency
he reports it to the commissioners and the court of common pleas, taking
immediate steps to obtain the money and remove the delinquent from
office.46 The controller prescribes the form and manner in which the county
officials keep their books and papers.47 Whenever the commissioners re-
quire it of him, he gives them a detailed account of any person with county
funds under his control. Fie may demand that any officer make a quarterly
statement showing the amount of money on hand and the amount deposited
in each bank. In order to verify these statements the controller is em-
powered to examine all bank accounts of the officer in question.48
45 1791, 3 Sm.L. 15 secs. 2-5; 1834 P.L. 537 secs. 48-57 rep. 1929 P.L. 1278 sec.
1051 but reen. in secs. 373-383; 1895 P.L. 403 No. 288 sec. 15 rep. 1929 P.L. 1278
sec. 1051 but reen. in secs. 373-383; 1913 P.L. 559 No. 356.
“ 1876 P.L. 13 sec. 3; 1895 P.L. 403 No. 288 sec. 4 rep. 1929 P.L. 1278 sec. 1051
but reen. in sec. 341 ; 1921 P.L. 1006 sec. 9 am. 1923 P.L. 1054 sec. 9 (the latter act
applies only to fifth-class counties).
17 1876 P.L. 13 sec. 2; 1895 P.L. 403 No. 288 sec. 5 rep. 1929 P.L. 1278 sec. 1051
but reen. in sec. 344; 1921 P.L. 1006 sec. 3 applies only to fifth-class counties.
43 1923 P.L. 944 sec. 7 am. 1927 P.L. 128 No. 100 applies only to sixth-class counties
with controllers; 1895 P.L. 403 No. 288 sec. 7 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 342 am 1937 P.L. 37.
N
390 COUNTY GOVERNMENT
Not only does the controller supervise the accounts of the individual
county officers, but he has a very important voice in all matters concerning
the dispensing of county funds. Most of these powers and duties belong
to the commissioners in counties without a controller. Every year the con-
troller prepares a proposed budget for the county which is sent to the com-
missioners before February first. This is a basis for the final budget which
the commissioners adopt and use as a guide in fixing the annual tax rate.
Thereafter the expenditures of the county may not be increased so as to
use more money than is provided for by the taxes assessed.49
The controller is obliged to countersign every warrant drawn on the
county treasurer. In addition, his approval must be secured for the issuance
of all warrants except those for the payment of court expenditures, which
are under the sole control of the court. All bills and claims against the county
must be examined and decided upon by the controller, who may require
evidence under oath that such claims are legally due. If he finds this to be
the case, he certifies that fact to the commissioners.50 Every day the treas-
urer must report to him in detail all money which he receives for the
county.51 The controller must sign all liens for county taxes, levies, or
assessments.52 It is a misdemeanor for this officer to be interested, either
directly or indirectly, in any contract made under the authority of the
county commissioners. If convicted, he is fined and removed from office.53
A number of reports to other officers must be made by the auditors or
controller. Their reports to the court on the receipts and expenditures of
the county during the preceding year are printed in newspapers published
in the county. The controller’s report may also be published in pamphlet
form. The number and cost of these pamphlets are determined by the con-
troller and commissioners. Both officers must make an annual report to
the Department of Internal Affairs on the financial condition of the
43 1895 P.L. 403 No. 288 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 346
am. 1935 P.L. 1184 sec. 2; 1929 P.L. 1278 sec. 370 added 1935 P.L. 1184 sec. 3.
60 1895 P.L. 403 No. 288 secs. 8, 9, 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs.
349-351.
31 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 347.
82 1923 P.L. 207 sec. 10 am. 1929 P.L. 526 further am. 1937 P.L. 2808 sec. 1; 1939
P.L. 347.
03 1929 P.L. 1278 sec. 64
AUDITORS AND CONTROLLER
391
county.64 Whenever the accounts of the county officers with the State are
adjusted, a separate report is made to the court with a statement of the
balance due to or from each officer. A certified copy of this report is
transmitted to the Auditor General.55 A copy of the audit of the accounts
of the probation officers is sent to the court of quarter sessions.56
The auditors or controller must send an annual financial report of the
institution district to the Department of Internal Affairs.57
Taxpayers may come to the controller’s office any day during office
hours to receive information concerning the accounts of any county officer.68
All the official papers of the controller are attested with the seal which the
commissioners provide for him.59 The controller must approve the specifi-
cations, plans, and site of any county hospital for women with nervous
diseases.60
The auditors or controller may appoint a “competent attorney-at-law” to
act as their solicitor. The auditors determine the compensation of their
solicitor, but it must be approved by the president judge.81 The controller’s
solicitor advises upon all legal matters submitted to him and conducts any
litigation desired by his superior. He serves at the pleasure of the con-
troller. His salary is fixed by the salary board, but in fifth-class counties
it may not exceed $900 a year.62 The controller and his solicitor are per-
mitted to attend the meetings of the State Association of County Con-
trollers. The county pays a limited amount for their expenses at such
meetings.63
54 1834 P.L. 537 sec. 22 am. 1903 P.L. 234 No. 170 am. 1909 P.L. 473 am. 1909 P.L.
534; 1907 P.L. 169 am. 1913 P.L. 13 No. 17 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 364 am. 1935 P.L. 1184 sec. 2; 1895 P.L. 403 No. 288 sec. 6 am. 1923 P.L. 114
rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 345 am. 1931 P.L. 401 sec. 1 further
am. 1935 P.L. 1184 sec. 1.
55 1834 P.L. 537 sec. 49 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 372.
" 1929 P.L. 1278 sec. 372.1 added 1931 P.L. 401 sec. 12.
57 1925 P.L. 762 sec. 223 am. 1935 P.L. 1342 sec. 1 rep. 1937 P.L. 2017 sec. 702 but
reen. as am. in sec. 311.
68 1895 P.L. 403 No. 288 sec. 7 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 342
am. 1937 P.L. 37.
““ 1929 P.L. 1260 No. 437 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278 sec. 131 am.
1931 P.L. 401 sec. 1.
60 1929 P.L. 38 sec. 3.
1,1 1911 P.L. 209 rep. 1929 P.L. 1278 sec. 1051 but reen. as am. in sec. 124.
02 1913 P.L. 240 No. 166 am. 1917 P.L. 1042 No. 342 am. 1919 P.L. 37 both sup.
1929 P.L. 1278 sec. 135 am. 1931 P.L. 401 sec. 1 further am. 1933 P.L. 948 No. 183.
03 1919 P.L. 129 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 76-78.
392
COUNTY GOVERNMENT
In addition to his deputy, one or more clerks are appointed by the con-
troller. Their salaries, like that of the deputy, are fixed by the salary
board.64
Either the auditors or the controller, along with the commissioners and
treasurer, belong to the county sinking fund commission.65 Whenever a
county school for children under the care of the juvenile court is estab-
lished, approval of the number and salaries of employees must be given by
the county commissioners and the controller or auditors.68
The controller has a number of ex officio positions. He is a member of
the salary board in counties of the third, fourth, and fifth classes.87 In
most third and fourth-class counties he belongs to the board of inspectors
of the county jail,68 and the controller of a third-class county is a member
of the board of managers of the house of detention.00 In any third-class
county which establishes a county retirement board, this officer is a member
of the board, acting as secretary and keeping a record of its proceedings.
For this work he receives such compensation as is fixed by the salary
board.70
Records. Records of the auditors and controllers are described below :
auditors 71
Auditors’ Minute Book.
In this book are kept minutes of the meetings of the county auditors, show-
ing the date and place of each meeting, a statement of the business trans-
acted, and the secretary’s signature.
Auditors’ Reports.
In a number of counties the auditors have kept copies of their annual re-
ports on the receipts and expenditures of the county for the preceding year.
C1 1895 P.L. 403 No. 288 sec. 14 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 134
am. 1931 P.L. 401 sec. 1.
“Ell P.L. 1895 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 395.
M 1917 P.L. 693 sec. 10.
57 1876 P.L. 13 sec. 7.
08 1909 P.L. 262 sec. 1 ; 1921 P.L. 579 sec. 1.
“1921 P.L. 840 sec. 1.
70 1937 P.L. 1625 secs. 2, 3.
71 The law does not require that any records be kept by the auditors, but these are
frequently found. These records from the former auditors are often still kept in the
controller’s office.
AUDITORS AND CONTROLLER
393
These reports give an itemized account of the source of all money received
by the county and of the purpose of all expenditures by the county.72
Work Sheets, usually current.
These are the sheets on which the auditors usually make the calculations
which form the basis for their reports.
CONTROLLER 73
Official Bonds
County Officials’ Bonds.
These are the bonds which have been posted by all county officials except
the controller himself.74 They show the names of officers and surety, date
and amount of bond, conditions of obligation, affidavit of certification, and
official seals and signatures.73
Expired Bonds.
Filed here are officials’ bonds which have expired. The information shown
includes the date of issue, names of officials and surety, amount, terms,
conditions, and date of expiration.76
Depository Bonds, 1933 — ,77
The bonds found here are those which have been filed by the banks in
which the county funds are deposited. The information shown includes the
names of the bank and surety ; date, amount, and terms of the bond ; condi-
tions of obligation ; interest rate and date due ; and signatures of bank
officials and the surety.78
County Bonds
Canceled Bonds. Title varies: Series.
The controller keeps all canceled obligations of the county. They must be
distinctly speared to show that they are no longer valid. The information
'* 2 1834 P.L. 537 sec. 22 am. 1903 P.L. 234 No. 170 am. 1909 P.L. 473 am. 1909 P.L.
534; 1907 P.L. 169 am. 1913 P.L. 13 No. 17 rep. 1929 P.L. 1278 sec. 1051 but reen.
in sec. 364 am. 1935 P.L. 1184 sec. 2.
'3 4 Unless otherwise indicated, the controller’s records date from the establishment
of the office of controller in the county.
4 The controller’s own bond is filed with the county commissioners. See essay on
Board of County Commissioners.
'5 * 1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 54
am. 1933 P.L. 946 No. 182.
78 These are not filed separately in every county.
‘7 These are required to be kept only in third-class counties and since 1933, but they
are often found in other counties and for dates prior to 1933.
78 1929 P.L. 1278 sec. 408 added 1933 P.L. 954 sec. 2.
394
COUNTY GOVERNMENT
found includes date of issue, bond and series numbers, amount, terms,
interest, and coupons attached.79
Bond Register.
A record of every bond issued by the county, showing date when bond
was issued and purchased, purchaser’s name, amount of bond, interest
rate, par value, date of maturity, and a record of any transfers of
ownership.80
Redemption of Bond Coupons. Title varies: Funding Bond Reg-
ister; Road Bond Register; Bridge Bond Register.
A record of the redemption of bond coupons, showing purpose and serial
number of each bond, purchaser’s name, transfers of ownership, date when
interest is due, denomination of bond, and expiration date.81
Canceled Notes. Title varies: Depository Bonds and Canceled
Notes.
Found here are those short term notes issued as acknowledgment of county
indebtedness which have matured and been redeemed. The information
shown consists of the resolution of the commissioners authorizing the note,
the seal and signatures of the county commissioners and their clerk, date
of issue, assigned note number, face amount, and date of redemption.82
Deeds and Titles
Deeds and Titles to County-owned Property. Title varies: Legal
Documents; Court Orders; Bonds.
The controller keeps on file all deeds and titles to county-owned -property.
The deeds show date of purchase of property, person from whom pur-
chased, location and description of property, and official seals and signa-
tures. The titles to the motor vehicles owned by the county show the date
of title, make and model of automobile, and its series and engine numbers.83
Budget
County Budget.
These are copies of the controller’s annual estimates of the appropriations
needed for each of the county departments. Each one shows the officer’s
name, the year, and estimated amounts of receipts and expenditures.84
70 1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 343.
80 Ibid,
S1 1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 343.
82 Ibid., 1929 P.L. 1278 sec. 371.1 added 1931 P.L. 401 sec. 11.
83 1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 343.
84 The controller is not required to preserve copies of the budget, but he frequently
does so.
AUDITORS AND CONTROLLER
395
Contracts
Notice to Advertise for Bids.
On file here are the original notices from the commissioners to the con-
troller to advertise for bids on contracts. Each notice shows the name of
the department or office, and gives complete specifications for the labor or
materials wanted.85
Bids. Title varies: Advertising for Bids.
These are the bids submitted by contractors for services, supplies, and
equipment. The information contained includes date, time, and place of
opening bid ; name and address of bidder ; and description and schedule of
prices.86
Rejected Bids. Title varies: Bridges, etc.
The original bids and contracts not awarded are for construction, equip-
ment, and services. They show date of request, item desired, names of
office and bidder, amount, specifications, and date submitted.87
Record of Bids Submitted.
In this book is kept a record of all bids received by the county, showing
date of bid, the item, names of witnesses to opening of bids, amount of
contract, warrant number, and total amount paid. Sometimes this book
contains newspaper clippings as proof of publication of the invitations
to bid.88
Contracts.
These are the original contracts entered into by the county. The informa-
tion found consists of the date, specifications, advertisement, contractor’s
name and address, terms, plans, amount to be paid by the county, time
allowed for completion, surety’s name, amount of insurance, completion of
contract, and the date completed.89
Records of Contracts. Title varies : Bridge Book.
A record of all county contracts, showing the date, names of parties, pur-
85 These notices are not kept in every county.
88 The controller receives all bids entered into by the county, but is not required to
keep them; 1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in
sec. 348 am. 1935 P.L. 143.
87 In a few counties registered bids are filed separately.
88 This is not a required record, but is kept in a few counties.
89 1895 P.L. 403 No. 288, sec. 10 am. 1927 P.L. 176 rep. 1929 P.L. 1278 sec. 1051
but reen. in sec. 343.
396
COUNTY GOVERNMENT
pose and amount, an abstract of the terms, voucher number, and debits
and credits.00
Plans and Specifications.
The controller sometimes keeps the specifications for particular pieces of
work for which contracts are awarded. These papers give the terms and
conditions for bidders, amount of bond to be posted, time limit for execut-
ing the contract, and specifications for materials and construction.91
General Accounts 92
Controller’s Account Book. Title varies: General Ledger Trans-
fer; Classification of Accounts.
A record of the accounts of all county officers, showing the name of office,
date, receipts and expenditures, source or purpose, amount, totals, and
balances.03
Day Book.
A daily statement of all cash received by the county, showing source of
income, date received, payer, amount, totals, official signatures, and name
of fund to which it was allocated.
Daily Statement of Expenditures.
This is a daily record of all expenditures made by the county, showing
amounts disbursed, payer’s name, purpose of expenditure, date, and con-
troller’s signature.
Controller’s Analysis Ledger. Title varies: Classification of Ac-
counts ; County Appropriation Record.
These are records, prepared in various ways, which show the costs of the
various departments and offices. The information contained includes the
date, name of account, and amount charged to each office or department.
00 1895 P.L. 403 No. 288 sec. 12 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 348
am. 1935 P.L. 143.
61 These are usually isolated records, showing one or more pieces of work.
112 The form in which the controller’s accounts are kept varies in different counties.
The law requires that the controller keep a full, detailed, and regular set of books,
kept according to the double entry system of bookkeeping. It may embrace as many
accounts as seem necessary, each under the proper title. These accounts must show
distinctly and separately all the county property, receipts, and expenditures, all debts
and accounts due the county, and the object for which every disbursement was made,
1895 P.L. 403 No. 288 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 344.
83 A general account book, similar to this record, is kept in almost every county,
but the remaining records of the controller vary greatly in the different counties.
AUDITORS AND CONTROLLER
397
Bank Statements.
These are the original bank statements of deposits in the sinking and
general fund accounts, showing the date, name of account, amount de-
posited, and monthly total.
Controller’s Annual Reports.
These are duplicates of the controller's annual report to the court of com-
mon pleas. Each one shows the date of report ; a detailed account of all
receipts, expenditures, assets, and liabilities of the county ; and totals and
balances.94
Controller’s Monthly Report. Title varies: Monthly Report of
County Maintenance.
These are copies of the controller’s monthly reports to the county commis-
sioners, showing the month of the report ; type and amount of each ex-
penditure and receipt ; appropriation to which each expenditure is charged ;
outstanding warrants, assets, and liabilities ; totals and balances ; and
controller’s signature.95
Individual Accounts 96
Tax Collector’s Returns. Titles vary: Controller's Tax Ledger;
Controller’s Journal; Journal.
A record of money received from tax collectors, showing the date, names
of municipality and collector, amount of tax, date payable, and total.07
Salary Expenditures. Title varies: Transcribing Clerk’s Ledger.08
A record of salaries paid to county officials and employees, showing the
warrant number, date paid, payer’s name, address, and title, and amount
paid.
94 1895 P.L. 403 No. 228 sec. 6 am. 1923 P.L. Ill rep. 1929 P.L. 1278 sec. 1051 but
reen. in sec. 345 am. 1931 P.L. 401 sec. 1 further am. 1935 P.L. 1184 sec. 1. The
controller is not obliged to keep in his office copies of these reports, but in many
counties he does so.
x' 1895 P.L. 403 No. 288 sec. 11 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 351.
Copies of these reports are not found in every county.
98 For the sake of convenience many controllers keep separate account books for
each of the various county offices or for special types of receipts or expenditures.
These may be either in place of or in addition to the general account book. The
types of accounts which follow are those which are frequently kept. No one county
keeps all of these individual accounts separately, and they are seldom kept separately
for the whole period of the controller’s existence in any county.
97 In some counties these records deal only with real estate taxes received.
88 The Transcribing Clerk’s Ledger covers only the compensation paid to clerks
hired to transcribe the county records.
398
COUNTY GOVERNMENT
Court Expenditures. Title varies: Controller’s Criminal Docket;
Controller’s Cost Record.
A record of expenses incurred by the county for criminal cases, showing
the date ; the court, court term and case number ; names of defendant,
witnesses, justices of the peace, and constable; costs, fines, fees, 'and mile-
age ; and number, date, and amount of the warrant.
County Prison Accounts. Title varies : Miscellaneous Record.
These account books follow the plan of the general account book, but deal
only with receipts and expenditures for the county prison.
Justices’ Dismissed Cases. Title varies : Controller’s Dismissed
Cases.
This is a record of the cases dismissed by justices of the peace for which
costs have been paid through the controller’s office. It shows the voucher
number ; date and amount paid ; and names of payee, justice, and defendant.
Election Expense Accounts.
In these books has been kept a record of election expenses paid by the
county, showing date and type of election, names of payee and municipality,
purpose, amount, and date paid.
Almshouse Receipts and Expenditures.
These accounts, usually like the Controller’s Account Book in form, relate
only to the receipts and expenditures of the county almshouse.
Maintenance of Indigent Persons. Title varies: Poor Warrant
Register.
This record deals with persons within the county who are committed to
various institutions. It shows the amount expended by the county for their
maintenance and care, and the amount of this money which is chargeable
to individuals or municipalities.
Soldiers’ Burial Expenses. Titles vary : Burial ; Miscellaneous
Record.
A record of payments by the county for the burial of soldiers and their
widows is sometimes kept. It shows the names of deceased persons and
payee, date of payment, warrant number, soldier’s military record, and
amount paid by the county.
Road and Bridge Expenses. C
The account book shows expenditures by the county for roads and bridges.
AUDITORS AND CONTROLLER
399
The information given includes the name of the municipality, and the cost
and type of work."
Accounts with Municipalities. Title varies: Fund Ledger.
The controller's record of accounts with municipalities showing the date,
names of municipalities and funds, receipts and amounts returned with
the source or purpose of income, and the balance.
Receipts Given By the County
Record of Receipts. Title varies : Controller’s Memorandum of
Treasurer’s Receipts.
The controller is obliged to keep an accurate record of all receipts given
by the county. These receipts, prepared by the treasurer and countersigned
by the controller, are given to everyone who pays money to the county.
This record shows the date, receipt number, name of debtor, and amount.100
Warrants, Vouchers, and Receipts
Warrants.
The warrants for all county expenses, showing the date, warrant number,
payee’s name, description of services rendered or material furnished by
the payee, appropriation number, and signatures of controller and payee.101
Warrant Register.
A record of all warrants issued by the county, showing the date, warrant
and appropriation numbers, payee’s name, amount, purpose, the fund from
which it was drawn, and the date paid.102
Vouchers. Title varies: County Bills.103
Filed here are the paid vouchers of various county expenditures. The in-
formation shown includes the date, voucher and appropriation numbers,
names of department and payee, amount and purpose of voucher, con-
“9 Sometimes accompanying this account are actual time sheets and foremen’s reports
for work on the roads.
100 1895 P.L. 403 No. 288 sec. 8 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 347.
101 Keeping the actual warrants on file is not required, but it is very frequently done.
102 1895 P.L. 403 No. 288 sec. 11 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 351.
103 In a number of counties some or all types of the vouchers have sometimes been
classified and filed separately according to the purpose for which they were drawn.
Examples of these are : Assessor’s Pay Vouchers ; Registrars’ Pay Vouchers ; Credit
Fees; Salary Bills; County Home Reports; Vouchers; Sinking Fund Commission;
Poor Board Vouchers; County Home Vouchers; Petit Jurors’ Pay Certificates;
Juvenile Court Records ; Bills for Coroner’s Inquests.
400
COUNTY GOVERNMENT
troller's approval, county commissioners’ signatures, attestation of com-
missioners’ clerk, and endorsement by payee.104
Receipts. Title varies: Receipts for County Commissioners.105
In some counties there have been kept on file the receipts detached from
the warrants issued for all county disbursements. They show the warrant
and receipt numbers, date and amount of the warrant, name and endorse-
ment of payee, and signatures of the commissioners, their clerk, and the
controller.106
Reports
Reports from County Officers.
These are the financial reports prepared for the controller by the various
county officers.107 The information given usually consists of the officer’s
name ; date of report ; an itemized account of all fees received by the
officer ; expenses for mileage, taxes, and other deductions ; net amounts
returned to the treasurer; and the officer’s certification and signature.108
104 There is no specific requirement that these vouchers be preserved. Some con-
trollers have kept them because of the fact that they are required to keep all papers
concerning the financial affairs of the county, 1895 P.L. 403 No. 288 sec. 12 rep. 1929
P.L. 1278 sec. 1051 but reen. in sec. 343.
1,5 In some counties a few or all of the receipts have sometimes been classified and
filed separately according to the purpose for which they were made. The following
are examples of these : County Commissioners and Clerk — Salaries and Expenses ;
Assessor’s Payroll; Refunded Taxes; District Attorney, Assistant District Attorney’s
Fees and Account Expenses ; County Detective’s Fees and Account Expenses ; Pro-
bation Officer, Salary, Receipts, and Expenses; Treasurer’s Reports; Receipted Bills
of County Surveyor’s Expenses ; Road and Bridge Viewers ; Auditor’s Reports (re-
ceipts for payments to auditors) ; Watchman and Janitor Pay; Court House Supplies
and Incidentals; Jury Commissioner Expenditures; Grand and Traverse Jury Lists.
"m The preservation of receipts, like the keeping on file of vouchers and warrants, is
not required, but is often done by virtue of the controller’s authority to keep all papers
concerning the financial affairs of the county.
1895 P.L. 403 No. 288 sec. 4 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 341 ;
1895 P.L. 403 No. 288 sec. 7 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 342 am.
1937 P.L. 37. These sections provide that the controller may require reports from
any or all of the county officers. In some counties it is customary for these reports
to be made at regular intervals and for the controller to keep them on file. More-
over, the reports of each office or agency are very often filed separately under titles
which clearly indicate their contents. Examples of these are : Detention Home
Reports ; Register of Wills’ Monthly Reports ; Coroner’s Monthly Reports ; Account
of Fees Collected by the Sheriff, etc.
109 The contents of these reports vary slightly according to the office which is
reporting.
AUDITORS AND CONTROLLER
401
Miscellaneous .109
Properties Sold to County Commissioners.
Reports from the treasurer of property purchased by the county commis-
sioners at treasurers’ sales are occasionally found in the controller’s office.
The information contained includes the date ; name of district ; location
and description of property; owner’s name; years, type, and amount of
delinquent taxes ; amounts of penalties and costs ; and total.
Agreements with Institutions.
Agreements between the county commissioners and the superintendents of
various welfare institutions are sometimes kept on file. They show the date,
conditions to be complied with, terms of agreement, signatures of commis-
sioners and superintendent, and the attestation of commissioner’s clerk.
Court Orders. Title varies : Appointments and Salaries ; Directors
of Poor — Requisitions.
On file here are originals and copies of court orders affecting expenditures
of county funds. They show the session number, date and character of
order, names of judge and parties involved, and signature of clerk of
courts.
County Appropriation Record.
This book contains a record of the appropriations made for each county
department and the expenses charged against them. It shows the name
of department; date, number, amount, and purpose of appropriation;
amount and purpose of expenditure; dates of approval and payment of
bills ; warrant number ; and annual totals and balances.
Insurance Policies.
The insurance policies covering county-owned property, showing the date
of policy; name of insurance company; the property covered ; amount, con-
ditions, terms, and expiration date of policy ; and signatures of officers of
the company.110
Correspondence.
The correspondence of the controller’s office is sometimes kept on file.
109 None of the papers and records in this section are required, and all of them
are very infrequently kept.
110 In most counties insurance policies are filed with the county commissioners,
rather than with the controller.
XXVI
Sinking Fund commission
Evolution, Powers , and Duties. A law of 1909 set up a sinking fund
commission, composed of the county commissioners, controller, and treas-
urer, in every county with between 250,000 and 1,200,000 inhabitants.1 In
1911 two acts were passed establishing sinking fund commissions, first in
counties with a population of from 150,000 to 250,000 2 and later in all
counties.3 This agency now consists of the county commissioners, the con-
troller or auditors, and the treasurer. None of these officers receives any
additional compensation for his services as a member of the sinking fund
commission.
The sinking fund commission has charge of all moneys applicable to any
sinking fund and uses these funds chiefly for extinguishing the county
debt. When it is impossible to use such money immediately for this pur-
pose, the commission invests it in the purchase of loans or bonds of the
county or of any other bonds in which the savings banks of Pennsylvania
are authorized to invest their deposits. Whenever necessary it may sell
any bonds held by it except those of the county itself. Annually the com-
mission uses all interest received from its deposits and from the bonds
held for reduction of the amount needed for sinking fund purposes. The
commission may use the county allotment of the liquid fuels tax to pay
sinking fund charges on all bonds issued or used for highway or bridge
purposes.
All county bonds held by the sinking fund commission must be stamped
conspicuously to show that they have been purchased for this purpose and
they must never be reissued or sold. Interest is paid on them only when
the money is necessary to redeem maturing bonds of the county. County
bonds in possession of the sinking fund commission are canceled immedi-
ately upon maturing. In general the commission is supposed to attempt to
retire the bonds in chronological order. Whenever new bonds are issued
by the county the sinking fund commission may invest the uninvested bal-
ance of the sinking fund in the purchase of such bonds. They must not,
1 1909 P.L. 100 No. 59 sec. 1 rep. 1911 P.L. 895 sec. 13 insofar as it is consistent
with the act of 1911, wholly rep. 1917 P.L. 199 No. 100.
2 1911 P.L. 256 sup. 1911 P.L. 895.
3 1911 P.L. 895 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 395-401.
402
SINKING FUND COMMISSION
403
however, expend so much money for this that not enough remains to pay
for bonds which will mature during the fiscal year and which the com-
mission wishes to cancel rather than to sell.
All moneys received by the sinking fund commission must be deposited
immediately in the banks or banking institutions which are designated as
county depositories. Not less than 2 percent interest may be paid to the
county on these deposits. This interest, like the other income from the
commission’s investments, may be reinvested by the sinking fund com-
mission.
Records. There are no statutory requirements that records be kept by
the sinking fund commission, but in most counties where such a commis-
sion exists various records has been kept as a matter of convenience.4
Minute Book.
Record of proceedings of the sinking fund commission, showing date,
names of members present, business transacted, and signature of secretary.
Bond Register.
A record of bonds floated by the county is sometimes kept. It shows the
dates of sale and issue, name and amount of issue, rate of interest, bond
number, value, name of purchaser, dates of payment of interest and princi-
pal, and date of redemption.
Sinking Fund Register.
This is a record of sinking fund accounts on deposit in banks, showing
date, voucher number, purpose, amount, and name and address of the
depository.
Sinking Fund Ledger.
A record of vouchers drawn on the sinking fund, showing date, voucher
number, name of payee, purpose, amount, and date paid is sometimes kept.
1 The minute book is almost universally kept, but the other records are less fre-
quently found. Most of the records usually date from the establishment of the sink-
ing fund commission in the county.
XXVII
Salary Board
Evolution, Powers, and Duties. Prior to 1876 county officers were
usually paid by fees out of which each officer secured both his own com-
pensation and that of as many assistants as he employed. A law of that
year, however, provides that in all counties with a population exceeding
150,000, the officers and their deputies and clerks must be paid by salary;
the fees which they receive are to go into the county treasury.1 A salary
board was created in every such county 2 to determine the number of as-
sistants to be employed by each officer, and the salary of each.
The law of 1876 provided that the salary board consist of the county
commissioners “and the controller where such office exists.” 3 At that time
only Philadelphia and Allegheny counties had controllers,4 but in later
years the office was established in all the counties coming under the pro-
visions of the act of 1876. 5 Today the salary board is made up of the
commissioners and the controller in third, fourth,0 and fifth-class counties.7
In sixth-class counties it consists of the commissioners and the treasurer.8
There is no salary board in counties below the sixth class. The members
of the board receive no additional compensation for their work in that
capacity.
The salary board meets on the first Monday of January and at any other
time when matters are brought before it. Its duty is to determine the num-
ber and compensation of all appointed employees of the county whose com-
pensation is neither fixed by law nor directed by law to be determined in
1 1876 P.L. 13 sec. 1 ; 1876 P.L. 13 sec. 5 am. 1893 P.L. 127 No. 79 further am.
1923 P.L. 76.
2 1876 P.L. 13 sec. 7 sup. 1877 P.L. 33 rep. 1879 P.L. 72 sec. 1 but the repealing
section was itself rep. 1883 P.L. 182 sec. 1 (except for first-class cities).
3 Ibid.
4 John A. Smull, Rules and Decisions of the General Assembly of Pennsylvania,
Legislative Directory . . . , etc., i8yy.
“1895 P.L. 403 No. 288 sec. 1 am. 1901 P.L. 140 No. 114 further am. 1913 P.L. 10
rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 131 am. 1931 P.L. 401 sec. 1.
” 1876 P.L. 13 sec. 7.
7 1921 P.L. 1006 sec. 7; 1923 P.L. 1054 sec. 7.
8 1923 P.L. 944 sec. 5 am. 1933 P.L. 250 further am. 1937 P.L. 567.
404
SALARY BOARD
405
another manner.9 Whenever the board meets to consider the assistants oi
a particular county officer, that officer becomes a member of the board, and
may cast his vote when the decision is made. All actions are decided by a
majority vote. Thereupon, any officer who considers himself aggrieved may
appeal to the court of common pleas, the decision of which is final.10
Records. The minutes described below are the only records usually kept
by the salary board.
Salary Board Minutes, from the establishment of the salary board
in the county to date.
This book contains minutes of all meetings of the salary board, showing
date and place of each meeting, names of members who attended, business
transacted, and secretary's signature.11
9 1921 P.L. 1006 sec. 7 am. 1923 P.L. 1054 sec 7 (applies to fifth-class counties) ;
1923 P.L 944 sec. 5 am. 1933 P.L. 250 further am. 1937 P.L. 567 (relates to sixth-
class counties) ; 1929 P.L. 1278 sec. 301 am. 1931 P.L. 401 sec. 1 (for all counties
with salary boards).
10 1876 P.L. 13 sec. 7 (all counties of 150,000 or more population) ; 1931 P.L. 1006
sec. 7 am. 1923 P.L. 1054 sec. 7 (relate to fifth-class counties) ; 1923 P.L. 944 sec.
5 am. 1933 P.L. 250 further am. 1937 P.L. 567 (sixth-class counties).
u Ibid.
XXVIII
Retirement Board
Evolution, Powers, and Duties. The first provisions for the establish-
ment of a county retirement board were made in 1929 and affected counties
of the second class only.1 Since 1937 2 the commissioners of any third-
class county also have been authorized to set up a retirement system ad-
ministered by the county retirement board consisting of the chairman of
the board of county commissioners or his representative, the county con-
troller or his representative, and a county employee selected by the county
employees for a 2-year term. Any two of these three members make a
quorum. All members must take an oath. They receive no compensation
beyond their actual expenses.
The county retirement system goes into effect on January 1st of the
year after that in which the commissioners decide to set it up. The board
makes necessary rules and regulations to govern the conduct of its meet-
ings or the administration of the retirement fund. The fund is made up
partly of contributions of the members who consist of every county em-
ployee, and all county officers who wish to join the plan. This portion of
the fund is known as the members’ annuity reserve account. Another part
of the fund is made up of contributions by the county commissioners. This
is called the county annuity reserve account and must be a sufficient sum
so that in 15 years enough will have been accumulated to equal the present
value of the liability and any new liability incurred. The board is trustee
of the fund and has exclusive management of it. It may be invested subject
to the terms imposed by law on fiduciaries. Interest on such investments
is divided equally between the members’ annuity reserve account and the
county annuity reserve account.
The county treasurer has custody over all moneys and securities of the
fund. Payments for retirement allowances may be made only on a requisi-
tion signed by the chairman and secretary of the board. The controller acts
as secretary of the board and is compensated for these services.
The retirement board appoints and determines the salary of an actuary
who annually makes an investigation into the mortality and service experi-
1 1929 P.L. 1278 sec. 311-326 am. 1933 P.L. 840 further am. 1935 P.L. 12 further
am. 1937 P.L. 191 further am. 1937 P.L. 2613 further am. 1939 P.L. 365.
2 1937 P.L. 1625.
406
RETIREMENT BOARD
407
ence of contributors and their beneficiaries. He prepares mortality tables
based upon the results of these investigations, and certifies to the board the
amount of money which should be contributed by the county to build up
and maintain adequate reserve.
When a member retires he receives a member’s annuity, which is the
actuarial equivalent of the accumulated contributions standing to his credit
in the members’ annuity reserve account, and a county annuity which is
equal to 1/120 of his average annual compensation multiplied by each year
of service to the county. The employee may receive the money either in a
lump sum or in regular payments. Provisions are also made for the pay-
ment of allowances to employees dismissed from service after 10 or more
years of employment, to disabled employees, and to beneficiaries of persons
who died without receiving the money to which they were entitled.
Records. Records of the retirement board are described below: 3
Retirement Board Minute Book.4
A record of all meetings of the board, showing date of meeting, names of
members present, business transacted, and secretary’s signature.
Members’ Oaths — Retirement Board.
Filed here are the oaths taken by board members at the time of taking
office. The information contained includes the date, member’s name and
signature, and the substance of the oath.
Notices of Retirement.
The statements which must be placed on file by every employee who has
reached retirement age and wishes to retire. Each notice shows the follow-
ing : date when statement was made, date when employee desires to retire,
and employee’s signature.
Designation of Beneficiary.
The written notices which every employee must send to the board. They
give the date, person named by employee as his beneficiary in case he dies
before receiving all money to which he is entitled, and the employee’s
signature.
Statistical Data.
On file here are various facts which are useful in preparing actuarial tables.
They usually consist of certain information about each employee, such as
his age and length of service, his health history and that of his family.
3 All of these records are required to be kept and date from the establishment of
the retirement board in the county.
4 This record is open to public inspection.
XXIX
Institution District board
Evolution, Powers, and Duties. The institutional care of the poor in
Pennsylvania was not finally made uniform until 1937 when each county
became a separate institution district under the supervision of the county
commissioners acting as the institution district board.1 2 Before that date a
number of systems had been in use, some having their origins in conditions
and situations which had long since ceased to exist.
From the time of the earliest English settlement of Pennsylvania, the
care of the poor was a recognized responsibility of the local governmental
units. The Duke of York’s laws are not very clear about the matter, but
they seemed based on the premise that under normal circumstances the
individual towns should support their indigent residents. In 1664 an amend-
ment to the laws left it to the discretion of the assizes to decide whether
or not an entire riding should aid a town with a large number of poor to
support.- An enactment of 1665 stated that since the case of “distracted
persons” was “too great a Burthen for one Towne alone to beare, each
Towne in the Rideing where such person or persons shall happen to bee,
are to Contribute towards the charge which may arise upon such occa-
sions.” 3
With the adoption of the proprietary form of government, aid to indigent
persons was at first completely a county function. The Great Law, passed
at the first legislative assembly of the province of Pennsylvania, contains
the following provisions : “If any person shall fall into Decay and Poverty,
and not be able to maintain themselves and children, with their honest
Endeavors, or shall die and leave poor orphans, That upon complaint to the
next Justices of the peace of the same County, The said Justices finding
the complaint to be true shall make provision for them, in such way as they
shall see convenient, till the next County Court, and that their Care be taken
for their future comfortable subsistence.” 4 It is interesting to note that
1 1937 P.L. 2017.
2 Duke of York’s Book of Laws in Charter to William Penn, p. 58.
3 Ibid., p. 64.
1The Great Law, December 7, 1682, in Charter to William Penn, p. 115, ch.
XXXII.
408
INSTITUTION DISTRICT BOARD 409
from that date until 1925 the justices of the peace continued to determine
whether or not relief should be granted to applicants.5 A law of 1683 re-
quired that the county court defray the costs of teaching reading, writing,
and some useful skill to the children of the poor.0
At some time during the early period the office of overseer of the poor
must have been established. A statute of 1693 requiring that the counties
pay for the support of the poor before any of the other county charges
was designed to encourage “the Justices or Overseers of the poor to Dis-
burse money on any sudden or emergent occasion for the relief of the
poor.” 6 7
The first general poor law of Pennsylvania was passed in 1706 and set
down many provisions which were incorporated into later acts thus remain-
ing in effect in some parts of Pennsylvania until 1938. 8 The care of indigent
persons became a function of the townships, and the county no longer had
any such duties. Annually any three or more of the justices of the peace
of the county met and selected two or more of the “substantial inhabitants”
of each township to be overseers of the poor within that township. The
overseers were authorized to “levy a tax of a penny on a pound of all real
and personal estates for the relief of all poor, indigent, and impotent per-
sons in the township.” 9 In 1809 overseers became elected officers.10 The
Borough Law of 1834 provided for the election of overseers of the poor
6 1705-6, II St. at L. 251 sec. 7 rep. 1771, VIII St. at L. 75 sec. 30 but reen. in
sec. 9 sup. 1836 P.L. 539 sec. 6 rep. 1925 P.L. 762 sec. 2(h).
6 Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 142, ch.
CXII.
7 Laws of the Assembly, May 15-June 1, 1693, in Charter to William Penn, p. 233
sec. 17; 1700, II St. at L. 34 sec. 4.
8 1705-6, II St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30 but reen. as am. in
secs. 1-29 rep. 1937 P.L. 2017 sec. 702.
6 1705-6, II St. at L. 251 secs. 1, 2 rep. 1771, VIII St. at L. 75 sec. 30 but reen.
as am. in secs. 1, 4, 6, 7 rep. 1937 P.L. 2017 sec. 702.
10 1809, XVIII St. at L. 969 sec. 1 provided that overseers of the poor be chosen
in the same manner as road supervisors who were made elective 1802, 3 Sm.L. 512
sec. 2. 1834 P. L. 537 secs. 90, 94 abolished the office of township overseer of the
poor and required that the overseer’s duties be undertaken by the supervisors of
highways. But 1835 P.L. 45 sec. 9 rep. these provisions and re-established the office
of overseer of the poor except in Erie, Franklin, Venango, Wayne, Warren, Susque-
hanna, Bradford, Tioga, and Luzerne Counties. 1881 P.L. 120 sec. 1 am. 1883 P.L.
66 required that two overseers of the poor be elected in all townships where the care
of the poor remained a township function.
410
COUNTY GOVERNMENT
in all boroughs.11 After 1903 any municipality was permitted to have a
woman as one of the two overseers.12
In a number of Pennsylvania counties each borough and township con-
tinued until 1938 to elect overseers to take care of its poor. The counties
which retained this system of small local units were of two sorts, counties
like Wayne which had been settled by New Englanders with a strong at-
tachment to the township as the preferred governmental unit, and counties
like Fulton and Cameron where even to this day transportation is not very
well developed.13 In a few of these counties two or more municipalities
were permitted by local laws to form a joint poor district, but in general
the single borough or township was the rule.14 Moreover, special laws were
passed to provide for city poor districts in these counties,15 and in a few
cases to establish borough and township districts somewhat differently or-
ganized from those which were set up under the general law.18
In the anthracite counties of Luzerne, Lackawanna, and Carbon, the
borough and township system went through so many modifications that in
1937 a very complex structure resulted. The city of Carbondale became a
separate poor district in 1860, with two poor directors in each ward. A
special act of 1857 created the Jenkins Township, Pittston Borough, and
11 1834 P.L. 163 sec. 5; 1893 P.L. 335 sec. 9 am. 1897 P.L. 88 sec. 1 rep. 1937 P.L.
2017 sec. 702.
12 1903 P.L. 246.
13 Counties in which each municipality formed a separate poor district until 1938
were Cameron, Centre, Fulton, Juniata, Lycoming, Snyder, and Union. The num-
ber of poor districts in these counties ranged from 7 in Cameron to 52 in Lycoming,
Poor Relief Administration, p. 18.
“Joint poor districts were found in Columbia, Montour, Northumberland, Susque-
hanna, and Wayne counties. These mixed districts were Bloom Poor District made
up of three townships, one borough and the town of Bloomsburg, and the Centralia
Borough-Conyngham Township Poor District, both in Columbia County; The Dan-
ville Borough-Mahoning Township District in Montour County; the Shamokin Bor-
ough-Coal Township Poor District in Northumberland County; the Auburn and
Rush Township Poor District, made up of four townships, and the Susquehanna
Depot-Oakland Township Poor District, composed of two boroughs and one town-
ship, both in Susquehanna County; and the Honesdale Borough-Texas Township
Poor District in Wayne County, Poor Relief Administration, p. 19, chart II opposite
p. 198.
13 Williamsport and Sunbury, Poor Relief Administration, chart II, opposite p. 198.
19 These include Madison Township in Columbia County, Valley Township in Mon-
tour County, New Milford Township in Susquehanna County, and Washingtonville
Borough in Montour County. For the laws establishing these districts and the
terms of these laws, see : Poor Relief Administration, chart II, opposite p. 198.
INSTITUTION DISTRICT BOARD
411
Pittston Township Poor District made up of three townships, nine
boroughs, one city, and one ward in Scranton. At that time the entire
district was in Luzerne County, but the erection of Lackawanna County
in 1878 made this district straddle the county line. A law of 1860
provided for the organization of the Central Poor District from
1 city, 18 boroughs, and 6 townships of Luzerne County. A year later the
Blakely Poor District was set up. It consisted of 6 boroughs and a part
of the seventh in the present Lackawanna County. In 1862 the borough
of Dunmore and all of Scranton except the twenty-second ward became the
Scranton Poor District. The Middle Coal Field Poor District came into
existence in the same year. In contained 6 boroughs and 4 townships of
Carbon County and 1 city, 3 boroughs, and 2 townships of Luzerne County.
The Lakeview Poor District, made up of 8 townships and 5 boroughs in
the present Lackawanna County, was formed in 1868. In all of these mixed
districts, except the Lakeview District, the poor directors were appointed by
the court of the county or counties in which they functioned.17 In addition
there were a number of boroughs and townships in each of these three
counties which continued to exist as separate poor districts.18
Although in some counties the borough and township system was re-
tained intact, and in others it was modified to fit local conditions, a new
trend was started in 1798 when Chester and Lancaster counties each peti-
tioned the legislature to be permitted to abolish all township poor districts
and make the care of the poor a county function. The petition was granted
and the law establishing the Lancaster and Chester County poor districts 19
became a model for many subsequent special and general laws. The act
provided that the office of overseer of the poor be abolished in these coun-
ties to be supplanted by six poor directors elected in each county for 3-year
overlapping terms. In 1810 the number of poor directors in Chester County
was reduced to three,20 and thereafter except for Lancaster County, elected
directors of county poor districts were always three in number. The poor
directors of each county were required to supervise the erection of a county
almshouse, and when it was completed to appoint its employees and staff,
inspect it once a month, and make rules and regulations with the consent
of the court of common pleas. The poor directors made annual estimates
17 For the laws establishing these districts and the details of their organization, see :
Poor Relief Administration, chart II, opposite p. 198.
18 Poor Relief Aministration, pp. 262, 263, 265-267.
19 1798, XVI St. at L. 15.
20 1810 P.L. 1 ch. II sec. 2.
412
COUNTY GOVERNMENT
of the money needed for their work, and at least once a year rendered an
accounting to the county auditors. They were provided with a salary of
$20 a year, the first instance of compensation for these duties. In 1934
the compensation of overseers and directors of the poor in Pennsylvania
ranged from nothing to $3,500 a year.21
From 1798 until 1859, special laws were passed setting up a county poor
district, modeled on that of Lancaster and Chester, in each of 24 additional
counties. These consisted of practically all of those located in the southern
half of the State, and included many of the most populous counties. Such
county poor districts were established by special laws in York,22 Delaware,23
Montgomery,24 Dauphin,25 Franklin,28 Bucks,27 Cumberland,28 Adams,29
Fayette,30 Berks,31 Perry,32 Lebanon,33 Washington,34 Schuylkill,35 North-
ampton,36 Erie,37 Bedford,38 Lehigh,39 Blair,40 Mercer,41 Mifflin,42 Hunt-
ingdon,43 Cambria,44 and Greene counties.45
A still different system was created in 1851 when the legislature set up
the Crawford County Poor District in which the county commissioners
21 Poor Relief Administration, pp. 63, 262-273.
22 1804 P.L. 68.
23 1804 P.L. 110.
24 1806 P.L. 430.
25 1806, XVIII St. at L. 279.
29 1807 P.L. 60.
27 1807 P.L. 25 2.
28 1808 P.L. 97.
20 1817 P.L. 196.
30 1822 P.L. 158.
31 1824 P.L. 200.
32 Ibid sec. 17.
33 1830 P.L. 105.
81 1830 P.L. 256 No. 154.
85 1831 P.L. 422.
80 1837 P.L. 45 No. 38.
37 1840 P.L. 31.
38 1841 P.L. 124.
38 1844 P.L. 256.
40 1848 P.L. 323.
41 1850 P.L. 239.
42 1850 P.L. 556.
43 1850 P.L. 692.
44 1854 P.L. 784.
45 1859 P.L. 580.
INSTITUTION DISTRICT BOARD
413
ex officio were poor directors.40 Warren County became a single poor dis-
trict in 1862, with the county commissioners serving as poor directors.47
During the next decade Tioga 48 and Venango 49 counties also adopted this
system.
Since the constitution adopted in 1874 forbids most special or local legis-
lation, the creation of county poor districts thereafter has been accomplished
through general laws, at first merely of a permissive nature. The first of
such acts was passed in 1876 and provided that with the approval of the
court of quarter sessions any county might establish a county poor district
under the supervision of three elected directors of the home for the desti-
tute.50 Only Westmoreland County accepted this plan,51 and all subsequent
general laws were modeled on the special acts affecting Crawford, Warren,
Tioga, and Venango counties.
The Poor Law of 1879 made provision for the setting up of county poor
districts with the county commissioners acting as directors of the poor. For
this act to be accepted in a county, two-thirds of the overseers of the poor
had to petition the court of quarter sessions which then submitted the
question to the voters.52 The system was accepted by a number of counties
in the northern and western parts of the State including Bea.ver, Bradford,
Butler, Clarion, Clearfield, Elk, Forest, Indiana, Jefferson, McKean, and
Potter counties.53 A law of 1921 permitted any sixth-class county to accept
these provisions upon petition of 2,000 electors and a favorable vote of the
electorate.54 In seventh-class counties merely 1,000 names had to appear
on the petition.55 Only Armstrong and Monroe counties availed themselves
of these provisions.56
In 1925 a new general poor law was passed which aimed to make the
county the universal unit of poor relief administration in Pennsylvania.57
46 1851 P.L. 715.
47 1862 P.L. 407 sec. 7.
48 1866 P.L. 160 No. 136.
49 1870 P.L. 1147 sec. 1.
50 1876 P.L. 149 supp. 1878 P.L. 63 am. 1909 P.L. 287 rep. 1937 P.L. 2017 sec. 702.
51 1885 P.L. 72 No. 46 rep. 1849 P.L. 353, which had set up a county poor district
in Westmoreland County.
62 1879 P.L. 78 sec. 3 am. 1897 P.L. 175 rep. 1937 P.L. 2017 sec. 702.
153 Poor Relief Administration, pp. 262-273.
54 1921 P.L. 538 rep. 1937 P.L. 2017 sec. 702.
66 1921 P.L. 1081 rep. 1937 P.L. 2017 sec. 702.
^ Poor Relief Administration, pp. 262, 268.
57 1925 P.L. 762 rep. 1937 P.L. 2017 sec. 702.
414
COUNTY GOVERNMENT
This law is notable in that it was the first statute to recognize the county
as the typical poor district. Prior to that date, the borough and township
units were typical,58 and any existent county units had been established
through special laws or by following special procedures. But the act of
1925 made so many exceptions 59 that actually only Clinton, Lawrence,
Pike, and Wyoming counties became county units in pursuance of it.60
Union, Snyder, and Juniata counties adopted the county system at that
time, but petitioned the legislature to be permitted to discard it and go back
to the borough and township system. This petition was granted in 1931. 61
Another exception was made in 1933 when the legislature abolished the
office of elected poor director in Erie County and provided that the court
thereafter appoint three unpaid poor directors who selected and fixed the
salary of a director of welfare.02
Therefore in 1937 there was a heterogeneous system of poor relief ad-
ministration in Pennsylvania with a total of 425 poor districts in the State.
Fifty counties had county units, which themselves had varied systems of
organization.03 A few of the remaining counties had retained the original
borough and township poor districts, but most of them had modified them
to meet changing conditions.
The County Institution District Law of 1937 required that all poor dis-
tricts in Pennsylvania be abolished by January 1, 1938 and that instead
every county should become a separate institution district supervised by the
county commissioners. Any county poor directors, however, were employed
in the institution district for the remainder of the term for which they were
elected.84 The county commissioners receive no extra compensation for
these services except in seventh and eighth-class counties where they
annually get $800 and $300 respectively. In all counties, however, they are
reimbursed for the actual expenses incurred.65
The county institution district law is an act designed merely to unify and
simplify the administration of institutional poor relief in Pennsylvania.
68 Poor Relief Administration, p. 195.
69 1925 P.L. 762 sec. 200 am. 1927 P L. 63 further am. 1929 P.L. 508 further am.
1931 P.L. 308 No. 125; 1925 P.L. 762 sec. 202.
00 Poor Relief Administration, pp. 263, 266, 270, 273.
01 1931 P.L. 181.
“ 1933 P.L. 1519 rep. 1937 P.L. 2017 sec. 702.
™ Poor Relief Administration, p. 15.
64 1937 P.L. 2017 secs. 105, 301, 302, 601-605, 701.
65 Ibid., sec. 303.
INSTITUTION DISTRICT BOARD
415
The only actually new factor in the law is its absolutely mandatory and
uniform nature. The institution district board itself is not a new agency,
but a new name for the county commissioners in their capacity as poor
directors. The scope of the board’s activities reflects more than 2 centuries
of changing attitudes toward the poor.
Originally, aid to indigent persons was given in the form of “outdoor”
or noninstitutional relief, and probably took the form of monetary con-
tributions by the overseer.66 In 1718 the General Settlement Act was
passed to protect municipalities from being taken advantage of by the poor.
Two justices were authorized to remove to his legal place of settlement
any person who did not belong in the district.87 Moreover, to discourage
people from asking for relief except as a last resort, anyone belonging to
a family which received aid was required to wear a large red or blue “P”
on his right shoulder. Those who declined to do so were either refused
relief or sent to the house of correction, whipped, and kept at hard labor.08
Until 1927 overseers and directors of the poor, with the consent of at least
two justices of the peace, were permitted to bind out poor children as
apprentices or indentured servants.69
A change in the method of caring for indigent persons came in 1712
when the mayor and commonalty of Philadelphia were given “full power
to employ the poor and compel the vagrants to work.” 70 A workhouse was
built, but it soon became a place merely for the detention of petty criminals.
In 1731 Philadelphia built an almshouse, the first in the province. There
were no other almshouses in Pennsylvania until 179S when Lancaster and
Chester counties began to adopt this form of indoor relief.71 Thereafter
many of the poor districts built almshouses as a convenient and economical
method of providing for paupers. In 1934 there were 85 poorhouses in the
State, 47 belonging to county poor districts.72 There was no almshouse,
68 1705-6, II St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30.
67 1718, III St. at L. at 221 sec. 1 rep. 1771, VIII St. at L. 75 sec. 30 but reen. as
am. in secs. 16-26 sup. 1836 P.L. 539 secs. 9-17 rep. 1937 P.L. 2017 sec. 702 but
reen. as am. in sec. 501 am. 1939 P.L. 308 and in secs. 502, 503 ; 1735, IV St. at L.
266 secs. 1-3 rep. 1771, VIII St. at L. 75 sec. 30.
68 1718, III St. at L. 221 rep. 1771, VIII St. at L. 75 sec. 30.
69 1705-6, II St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30 but reen. in sec. 8
sup. 1836 P.L. 539 rep. 1927 P.L. 961 ; 1725-26, IV St. at L. 59 sec. 4.
70 1712, II St. at L. 419 sec. 2.
71 Poor Relief Administration, pp. 169, 170.
71 Ibid., pp. 15, 21,
416
COUNTY GOVERNMENT
of any type, in Cameron, Fulton, Juniata, Snyder, Union, Sullivan, Pike, or
Wyoming counties.73
It was provided in the Poor Law of 1771 that the overseers might con-
tract with anyone to care for and provide employment for indigent persons.
Those who refused to go to the place selected by the overseers were no
longer entitled to relief.74 Often the poor directors or overseers selected
as a boarding place for the poor the one which was offered to them at the
lowest price. In many cases this saved the authorities even more expense,
for the money received for board sometimes kept the boardinghouse keeper
off the relief rolls.75 A law of 1897 permitted overseers of any poor dis-
trict without an almshouse to contract with the poor directors of an ad-
joining county to maintain their poor in its almshouse.76 Whether or not
a district had an almshouse, the overseers or directors were responsible
for the welfare of all needy persons within their districts.77
As the nineteenth and twentieth centuries progressed the trend has been
for more humanitarian and more specialized treatment of the poor. The
Poor Law of 1771 provided that the moneys realized from the poor tax
might be used either for direct relief to persons unable to work or for pro-
viding employment for others.78 The act of 1836 was even more specific.
It made it the duty of the overseers to provide work for any poor person
unable to find employment. Work on the roads was suggested for men
with sufficient ability to do so. Persons unable to work had to be given
“the necessary means of subsistence.” 79 The employment provided, how-
ever, usually consisted merely of work for inmates of the almshouse.
The trend during the past half century has been to keep out of the poor-
houses all able-bodied persons who are forced to ask for relief because of
inability to secure employment. The Poor Law of 1879 permitted outdoor
relief only “in exceptional and special cases,” and whether or not to give it
was entirely at the discretion of the poor directors. Relief was withdrawn
73 Ibid., p. 24.
74 1771, VIII St. at L. 75 sec. 5 rep. 1937 P.L. 2017 sec. 702; 1836 P.L. 539 sec. 7
am. 1885 P.L. 203 rep. 1937 P.L. 2017 sec. 702.
6 Poor Relief Administration, p. 96.
" 1897 P.L. 222 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 401(b).
77 1836 P.L. 541 sec. 1 rep. 1937 P.L. 2017 sec. 702; 1903 P.L. 18 sec. 1 rep. 1937
P.L. 2017 sec. 702.
78 1771, VIII St. at L. 75 sec. 4 rep. 1937 P.L. 2017 sec. 702.
70 1836 P.L. 539 secs. 2-4 rep. 1937 P.L. 2017 sec. 702; 1925 P.L. 762 sec. 902 rep.
1937 P.L. 2017 sec. 702.
INSTITUTION DISTRICT BOARD
417
from anyone who refused to go to the poorhouse at the request of the
authorities.80 The act of 1925 again gave the poor directors the authority
to decide which type of aid should be granted, but did not mention whether
persons refusing to go to the poorhouse should be penalized.81 With the
depression of the 1930’s it became necessary to use new measures to care
for the unemployed, and to make use of State and Federal funds.82 The
result has been that at present those poor persons who are able to work are
given outdoor relief from State and Federal appropriations. Their welfare
is the responsibility of the county board of assistance, and the institution
district no longer must support them. The institution district must care
for any person who is referred to it by those in charge of public assistance
pending the determination of the person’s legal place of residence.83
A law of 1883 resulted in the removal from the almshouse of another
group, children. It made it unlawful to keep in a poorhouse for longer
than 60 days any child between the ages of 2 and 16 unless he were an
“unteachable idiot, an epileptic, or a paralytic, or otherwise so disabled
or deformed” as to be incapable of working. The poor authorities were
required to place all destitute children in foster homes or institutions de-
signed only for children.84 Any county or group of counties was per-
mitted to establish a special home for the care and training of children.
It had to be entirely separate from the almshouse and under different
management.85 In 1934, however, there were only eight of these homes,
for counties found it more satisfactory to place the children in foster
homes.86 At present only mentally or physically handicapped children may
be kept in any institution operated by the institution district board.87 The
institution district board now contributes to the county money to pay all
or part of the cost of maintaining children in foster homes and in institu-
tions and homes for children.88 The county commissioners are also per-
mitted to make annual appropriations to any nonprofit corporation or public
institution which gives medical care to children without discrimination as
80 1879 P.L. 78 sec. 11 rep. 1937 P.L. 2017 sec. 702.
81 1925 P.L. 762 sec. 900 rep. 1937 P.L. 2017 sec. 702.
82 See essay on Board of Public Assistance.
83 1937 P.L. 2017 sec. 402.
84 1883 P.L. Ill secs. 1, 2 rep. 1921 P.L. 1030 sec. 5 but reen. in secs. 2, 3 sup. 1925
P.L. 762 secs. 904, 905 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 405.
88 1883 P.L. Ill sec. 3 rep. 1921 P.L. 1030 sec. 5 but reen. in sec. 1. .
'Poor Relief Administration, pp. 105, 115.
87 1937 P.L. 2017 sec. 405.
88 Ibid., sec. 401 (d).
418
COUNTY GOVERNMENT
to membership in any organizaton or as to race or sect.89 As a result of
this legislation, it is only infrequently that children are found as inmates
of the almshouses of Pennsylvania.
Another trend characteristic of recent years has been the removal of
various types of afflicted persons from almshouses to institutions specializ-
ing in their care. A law of 1866 permitted any county, upon recommenda-
tion of the grand jury and the court of quarter sessions, to erect additional
buildings for the sick and insane poor and for indigent persons with con-
tagious diseases.90 At present there are mental hospitals operated by the
institution district in Blair, Lackawanna, Chester, Lancaster, Mercer, Lu-
zerne, Schuylkill, and Somerset counties.91 The Mental Llealth Act of
1923 stipulated that persons in need of treatment and care in a mental
hospital be detained in a poorhouse only in case of emergency.92 The ex-
penses incurred in the maintenance of insane paupers in any public insti-
tution have been the joint responsibility of the State, the county, and the
poor district. An act of 1938 provided that the State should assume all
responsibility for the care of the insane 93 and that it should take over all
mental hospitals owned by counties and other municipalities.94 Both phases
of State control went into effect June 1, 1941.
In 1911 any poor district was authorized to establish a hospital for the
care and treatment of poor persons suffering from tuberculosis. This
power, however, has not been given to the institution district, and all county
tuberculosis hospitals now in existence are operated by the county com-
missioners by virtue of the authority given to them in 1921.95 A law of
1915 permitted the commissioners of any county to appropriate as much
as $10 a week to pay for the maintenance of indigent persons in any such
hospital established in the county.90 Since 1929 the county may pay the
same amount to any incorporated tuberculosis society which cares for resi-
8‘T911 P.L. 649 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 406.
50 1866 P.L. 110 sec. 1 rep. 1937 P.L. 2017 sec. 702.
81 Poor Relief Administration, p. 243.
83 1923 P.L. 998 secs. 305, 306.
33 1883 P.L. 92 am. 1889 P.L. 258 further am. 1917 P.L. 72 further am. 1921 P.L.
132 No. 81 further am. 1923 P.L. 443 further am. 1925 P.L. 139 rep. 1938 (Sp. Sess.)
P.L. 53 sec. 9; 1938 (Sp. Sess.) P.L. 53 sec. 3 am. 1939 P.L. 195; 1937 P.L. 2017
sec. 401 (a).
1938 (Sp. Sess.) P.L 53 secs. 3, 7, 10 am. 1939 P.L. 193.
85 1911 P.L. 944 rep. 1925 P.L. 65 sec. 14 reen. as am. in secs. 1-13 rep. 1929 P.L.
1278 sec. 1051 but reen. in secs. 622-633.
94 1915 P.L. 193 No. 103.
INSTITUTION DISTRICT BOARD
419
dents of the county.97 Similar provisions 98 allow the institution district
board to send other sick and injured persons to institutions where they can
be better cared for.99
Since 1917 poor directors have been permitted to enter into contracts
with special institutions for the care of indigent persons who are deaf and
dumb. These institutions must be located within the Commonwealth of
Pennsylvania and the poor authorities pay to the institution as much as it
would cost to maintain the persons in the almshouse. Since 1927 the same
provisions have been made for the care of those blind persons for whom
the poor district or institution district is responsible.100
In former days the almshouse also gave temporary shelter to vagrants.
Recently, however, there is so much legislation hindering their movements
that these people only rarely apply at the poorhouse for aid. Moreover,
residence requirements for relief applicants have also discouraged these
practices. In addition, the establishment of the Federal Transient Bureau
in 1933 has tended to take the responsibility for them from the institution
district.101
Another recent trend has been the granting of special forms of aid to
veterans. This relief is supervised by the State Veterans’ Commission un-
der the Department of Military Affairs.102 The payment of workmen's
compensation has since 1915 taken care of some persons who otherwise
might have been potential almshouse inmates.103
Therefore in the earlier days of Pennsylvania’s history, a person in need
had no other recourse but to appeal to the poor directors or overseers and
go to the almshouse.104 The poorhouse was crowded with a widely varied
population. Legislation of the past century has tended to remove from
the almshouse many persons who can better be cared for elsewhere, such
as the insane, the blind, the deaf and dumb, and persons suffering from
97 1925 P.L. 1278 sec. 442.
98 1911 P.L. 649 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 406; 1925 P.L. 762 sec.
910 rep. 1937 P.L. 2017 am. 702 but reen. in sec. 910.
" 1937 P.L. 2017 sec. 401 (b-c).
100 1917 P.L. 223 rep. 1937 P.L. 2017 sec. 702; 1925 P.L. 762 secs. 907, 908 am.
1927 P.L. 54 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 401(c) ; 1925 P.L. 762 sec.
909 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 401(c).
101 Poor Relief Administration, p. 168.
102 Poor Relief Administration, p. 98.
103 1929 P.L. 177 sec. 203 am. 1931 P.L. 350 sec. 1 ; 1929 P.L. 177 sec. 448 am. 1931
P.L. 350 sec. 1 further am. 1933 P.L. 1471; 1929 P.L. 177 sec. 1411.
101 1915 P.L. 736; 1915 P.L. 762; 1915 P.L. 771; 1915 P.L. 177.
420
COUNTY GOVERNMENT
diseases for which specialized hospital care is advisable. Another tendency
of recent laws has been to keep families intact by providing outdoor relief
to the greatest possible extent and to keep children from the depressing
and harmful influences incurred in poorhouse life. Numerous persons who
in former days would have been sent to almshouses are now kept in their
own homes by means of aid to dependent children, assistance to families
who cannot find employment, and “pensions” to the aged and the blind.
All these forms of outdoor relief are made from State and Federal funds
and supervised by the county board of assistance.105
The result is that today the institution district has two major responsi-
bilities : sending to the proper institutions various types of people, and
supervising the almshouse which shelters those persons for whom no better
place can be found. The population of the poorhouse is now made up
chiefly of old unattached people, with a great preponderance of men over
women.106
The county commissioners are the executive and administrative officers
of the institution district,107 which, like former poor districts, is a corporate
body, with the capacity to sue and be sued, and to hold, transfer, lease,
and convey property.108 The authorities of poor and institution districts
have for many years been permitted to purchase lands and buildings for
almshouse use and to have new buildings erected or old ones improved or
repaired.109 Since 1925 the Department of Welfare must approve all pur-
chases of land and all plans for buildings to be used as institutions for the
poor.110 Since 1874 it has been forbidden that these officers be interested
in contracts concerning the poor and institution districts.* * 111 All contracts
involving an expenditure of more than $500 must be in writing,112 and the
board may require a bond from anyone who holds such a contract.113
The chief duty of the institution district board is to care for any de-
105 See essay on Board of Assistance.
103 Poor Relief Administration, pp. 128, 135.
107 1937 P.L. 2017 sec. 302.
109 1749, V St. at L. 79 sec. 2 rep. 1771, VIII St. at L. 75 sec. 30 but reen. in sec. 15
rep. 1937 P.L. 2017 sec. 702 but reen. as am. in sec. 301.
108 1836 P.L. 539 sec. 2; 1879 P.L. 19; 1879 P.L. 79 sec. 2; 1925 P.L. 762 sec. 216
am. 1929 P.L. 1563; 1925 P.L. 762 sec. 220; all rep. 1937 P.L. 2017 sec. 702 but reen.
as am. in secs. 305, 316.
110 1925 P.L. 762 secs. 700, 715 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 305.
111 1874 P.L. 180 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 316.
112 1937 P.L. 2017 sec. 315.
113 Ibid., sec. 317.
INSTITUTION DISTRICT BOARD
421
pendent having a legal residence in the county, who is not otherwise sup-
ported,114 and all persons without legal residence until they can be taken
back to their homes.115 Most of the money to defray these expenses comes
from taxation. At least 30 days prior to the adoption of the annual budget
the members of the board prepare a proposed budget to take care of the
needs of the district for the year to come. Final action must not be taken
until after at least 10 days’ public notice. In addition, the proposed budget
has to be made available for public inspection for at least 20 days before
the date set for its adoption. Within 15 days after it is accepted, a copy
is filed with the Department of Internal Affairs.118 The institution district
may not spend more money in a year than the amount called for in the
budget, but during the last 9 months of any year money appropriated for
one purpose within the district may be used for another purpose.117 In
third-class counties any county funds may be transferred to the institution
district during the last 9 months of any year in which the institution dis-
trict appropriation is exhausted.118
Many of the funds of the district are secured from taxation. The board,
like former authorities of poor districts,119 levies and collects a poor tax
which must not exceed 10 mills on every dollar of the assessed valuation
of the county. The tax is based on the same types of property and is levied
and collected in the same manner as the regular county taxes. In addition
annual special taxes may be levied to defray interest and sinking fund
charges on bonds issued.120 With the approval of the Department of
Internal Affairs the institution district board may issue bonds to raise
funds for certain stipulated purposes, such as the acquisition of real estate
and the funding of notes for the district. The board is also authorized
to borrow money for current expenses, giving notes payable within a
year.121
114 Ibid., sec. 401(a).
115 Ibid., secs. 402, 501-503.
116 Ibid., sec. 309 am. 1939 P.L. 516; 1937 P.L. 2017 sec. 312.
117 1937 P.L. 2017, sec. 309 am. 1939 P.L. 516.
118 1939 P.L. 178 No. 89.
119 1705-6, II St. at L. 251 sec. 2 rep. 1771, VIII St. at L. 75 sec. 30 but reen. in
sec. 4 rep. 1937 P.L. 2017 sec. 702; 1735, IV St. at L. 266 sec. 5 rep. 1771, VIII St.
at L. 75 sec. 30, 1879 P.L. 78 secs. 14, 15 rep. 1937 P.L. 2017 sec. 702; 1925 P.L. 762
sec. 222 am. 1929 P.L. 1563 sec. 2.
120 1937 P.L. 2017 sec. 307.
121 1925 P.L. 762 sec. 225 am. 1931 P.L. 524 rep. 1937 P.L. 2017 sec. 702 but
in sec. 308 am. 1939 P.L. 624 further am. 1939 P.L. 516.
reen.
422
COUNTY GOVERNMENT
The county institution district board, like former poor directors,122 ap-
points, removes, and fixes the compensation of all employees of the insti-
tution district. It may require a bond from any employee.123 In addition
some miscellaneous duties which formerly belonged to the poor directors
now devolve upon the institution district board. These include the burial
at an expenditure not exceeding $75 of all poor people whose bodies are
unclaimed and not desired by the State Anatomical Board.124 Soldiers and
their widows, however, are never buried by the institution district, but by
the county commissioners.125 Since 1905 the officers in charge of the poor
have been obliged to provide the Pasteur treatment to all indigent residents
of the county who are in danger of hydrophobia.128 The institution district
board must prepare and send to the Department of Welfare any reports
requested,127 and must permit the Department or its agents to inspect the
county institutions at any time.128 In addition the board may “take any
other action authorized or required by law.” 129
Records. The records of all former poor authorities are kept with those
of the institution district in most counties. In many cases the requirement
that such records be kept was a part of the special law creating the district
in question. To find the exact records required in districts created by
special laws, the laws themselves must be consulted. The various general
poor laws, however, contained requirements which are so similar that a
good idea of the records kept in most counties can be secured from them.
Most of the records of the present-day institution district board are kept
merely as a matter of convenience. The institution district board, like
former poor directors, must also keep any records required by the De-
partment of Welfare 130 and must permit the Department or any of its
122 1879 P.L. 78 sec. 7 rep. 1937 P.L. 2017 sec. 702; 1925 P.L. 762 sec. 211 am. 1929
P.L. 519 rep. 1937 P.L. 2017 sec. 702.
1=3 1937 P.L. 2017 sec. 306.
131 1735, IV St. at L. 266 rep. 1771, VIII St. at L. 75 sec. 30; 1883 P.L. 119; 1921
P.L. 381 No. 179 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 403 am. 1939 P.L. 308;
1925 P.L. 762 sec. 911 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 403.
125 See essay on Board of County Commissioners.
126 1905 P.L. 93 No. 68 rep. 1913 P.L. Ill sec. 2 but reen. and am. in sec. 1 rep. 193<7
P.L. 2017 sec. 702 but reen. in sec. 404.
137 1925 P.L. 762 sec. 500 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 304.
128 1925 P.L. 762 sec. 224 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 407.
122 1937 P.L. 2017 sec. 401(f).
180 1925 P.L. 762 sec. 500 rep. 1937 P.L. 2017 sec. 702 but reen. as am. in sec. 304.
INSTITUTION DISTRICT BOARD
423
representatives to examine any of the books and papers of the institution
district.131
GENERAL ADMINISTRATION
Minutes
County Institution District Board Minute Book, 1938 — . Title
varies : Record.
In this book are kept minutes of the meetings of the institution district
board. It shows the date, time, and place of each meeting ; business trans-
acted ; date of next meeting ; and clerk’s signature.132
Poor Directors’ Minute Book, varying date prior to 1938. Title
varies : Record ; Journal.
Minutes of the meetings of county poor directors are kept in this volume.
The information shown includes the date, time, and place of each meet-
ing ; name of the presiding officer ; business transacted ; and secretary’s
signature.133
Bonds
Contractors’ Bonds, 1938 — .
These are the bonds deposited by contractors as security for faithfully
conforming to the specifications for the work which they are doing for the
institution district. The information found consists of the names of con-
tractors and surety, date and amount of bond, conditions of obligation, and
proper seals and signatures.134
121 1925 P.L. 762 sec. 224 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 407.
132 There is no specific requirement that a separate minute book be kept by the county
commissioners of their proceedings when acting as the institution district board.
Therefore, in most counties, the accounts of these meetings are found in the Commis-
sioners’ Minute Book. In still other counties these minutes have been placed in the
Poor Directors’ Minute Book.
133 1879 P.L. 78 sec. 12 rep. 1937 P.L. 2017 sec. 702; 1925 P.L. 762 sec. 221 am.
1935 P.L. 645 rep. 1937 P.L. 2017 sec. 702. Poor directors were formerly required
to meet at least once a month at the almshouse. At this time they inspected the build-
ings and the grounds, heard the complaints of inmates, and attempted to redress griev-
ances. They were obliged to keep a record of their proceedings, which might be used
as legal evidence of their actions.
134 1937 P.L. 2017 sec. 317. These bonds are usually found with the commissioners’
records. In some counties they are removed when the board is satisfied with the work.
424
COUNTY GOVERNMENT
Correspondence
Correspondence. Title varies: Emergency Relief.
The correspondence pertaining to matters under the control of the institu-
tion district board is sometimes kept on file.135
INDOOR RELIEF
Admissions and Discharges 136
Admission Book. Title varies: Register of Inmates; Almshouse
Register; Pauper Book; County Home Record; Paupers; Ledger;
Names of Inmates; Active Cases.
This is a record of all persons admitted to the county home. For each
inmate it usually shows the register number, name, address, age, sex, color,
nativity, occupation, habits, morals, physical description and classification,
and mental, marital, and financial status. Also given are dates of admis-
sion, discharge, or death ; the number of days supported ; and manner of
discharge.137
Register of Insane Inmates of the County Home.
In some counties a separate record has been kept relating to insane inmates
of the county farm. It shows the inmate’s name, age, color, marital status,
family history, previous occupation, and previous residence. It also gives
the dates of admission to the almshouse and to the insane department, date
of discharge or death, and various dates concerning the patient’s physical
and mental condition.138
Vagrant Register. Title varies: Tramps.
A separate record of vagrants committed to the county home is sometimes
kept. It shows the date, the sex, and number of persons aided, and the
number of meals and nights’ lodging furnished.139
Applications for Admission to the County Home. Title varies :
Pauper Commitments ; Application for Relief.
In some counties there are kept on file original applications for admission
to the county home showing the date and applicant’s name, residence, sex,
105 The correspondence of the institution district board is often not separated from
that of the county commissioners. Other correspondence is sometimes found at the
almshouse.
186 The records of admissions and discharges vary greatly from county to county,
for they are usually kept mainly as a matter of convenience.
137 This record is found in almost every county, although the keeping of it is not
obligatory.
188 This is seldom found as a separate record.
189 In most counties this information is found in Admission Book.
INSTITUTION DISTRICT BOARD
425
color, religion, age, birthplace, education, marital status, and physical and
mental condition. Each application also gives the previous almshouse record
of the applicant ; names, addresses, and relationship of relatives ; reason for
seeking admission ; and applicant’s signature.140
Commitment Record. Title varies: Orders Received; County
Home Certificates.
A record of persons committed and admitted to the county home, showing
name and address of each inmate, date admitted, reason for admission,
and name of the officer making the commitment.141
Discharge Book.
A record of inmates discharged from the county home, showing the in-
mate’s name, dates of admission and of death or discharge, reason for dis-
charge, name of consenting authority, and the superintendent’s signature.142
Application for Temporary Leave of Absence.
A separate record of applications for temporary leave of absence is some-
times kept. It usually shows the date, name and classification of applicant,
his mental and physical condition, duration of leave desired, and the super-
intendent’s signature.143
Record of Escapes.
This is a record of escapes made by inmates, showing the inmate’s name,
age, classification, and mental and physical condition; dates of admission,
escape, and return ; incidental circumstances attending escape and return ;
and the superintendent’s signature.144
Record of Deaths.
A record of deaths of inmates of the county home, usually giving the in-
mate’s name and age, dates of admission and death, cause of death, names
of witnesses to the death, and the superintendent's signature.145
110 These applications are not kept on file in every county.
141 Such a record is not kept in every county. Where it is found, it is usually for
but a short period of time.
144 In many counties this information is entered in Admission Book.
144 This record is kept in very few counties.
144 This record is not kept in every county. In some cases it is found in Admission
Book.
145 In some counties the information is found in Discharge Book and in others in
Admission Book.
426
COUNTY GOVERNMENT
County Home Burials. Titles vary: Order of Burial; Burial Per-
mits ; Cemetery Register.
Certain types of records which relate to the burial of inmates are often
kept. These vary greatly from county to county, and not all are kept in
every county. The type of burial records which may be found include
orders for burial at county expense, burial certificates and records of their
issuance, records of burials of former inmates, and records of the location
of the grave of each person so buried.146
Medical and Clinical Records
Physicians’ Records.
The medical records of inmates of the county home usually consist of
medical histories and a record of the medical attention received while at
the home. The information found for each inmate usually includes name,
age, sex, color, occupation, mental condition, habits, family history, and
disabilities; results of physical examinations; and the physician’s recom-
mendations. Upon each record of medical treatment given, the physician
in charge specifies the nature of the disease and where he believes it was
contracted.147
Narcotic Record.
Narcotic records which are sometimes among the papers of the county
institution district board may consist of a daily record of narcotics issued
to nurses and a record showing in what quantities and to whom narcotics
were dispensed.148
Records of Persons Not in the Almshouse 149
Record of Persons in Other Institutions. Title varies: State Hos-
pital Cases ; List of County Wards.
This is a record of those indigent persons who are maintained in other
than county-owned institutions, and usually shows the patient’s name, ad-
114 None of these records is required, but one or more of them is found in almost
every county.
147 1925 P.L. 762 sec. 501 rep. 1937 P.L. 2017 sec. 702 but reen. in sec. 408.
148 This record is not found in every county, for county homes are exempted from the
regular requirements for hospitals to keep records of narcotics received and ad-
ministered. 1917 P.L. 758 sec. 11 am. 1921 P.L. 152 sec. 3, however, requires that
reports of narcotics administered be sent to the State Department of Health.
148 Records of outdoor relief since 1937 are found in the office of the board of as-
sistance which has also kept some of the earlier records of noninstitutional relief.
INSTITUTION DISTRICT BOARD
427
dress, and case number; name of the institution; financial status of the
indigent person and his relatives ; court orders ; case history ; date when
admitted to the institution; and the amount of money expended for his
care and maintenance.150
Record of Children in Foster Homes.
A record of children placed in foster homes is usually kept. It shows the
names and addresses of child and foster parents, the child’s family history,
and the dates and amounts of payments for maintenance.151
Agreements of Indenture and Apprenticeship, for dates prior to
1927.
Filed or recorded here are contracts between directors of the poor and
persons obtaining the services of county home inmates. The information
includes the inmates’ names ; dates, terms, and conditions of contracts ;
and signatures and acknowledgments of the parties.152
Record of Bound Children, for dates prior to 1927.
In the office of the institution district board are frequently found old rec-
ords of children bound out as apprentices or indentured servants. They
show the date ; name, age, and education of child ; when he was bound ;
name, address, and occupation of master ; and length and conditions of
service.163
Equipment and Supplies 164
County Home Inventory.
This is a record of all stock, implements, furnishings, supplies, and products
of the poorhouse and county farm. It shows the date of inventory; name,
description, and valuation of each item on hand; and signature of the
inventory taker.
160 In some counties special records are kept for each institution in which indigent
persons are maintained.
161 This record may be combined with Record of Persons in Other Institutions.
152 1705-6, II St. at L. 25 rep. 1771, VIII St. at L. 75 sec. 30 but reen. in sec. 8 sup.
1836 P.L. 539 rep. 1927 P.L. 961; 1771, VIII St. at L. 75 sec. 5 rep. 1937 P.L. 2017
sec. 702; 1836 P.L. 539 sec. 7 am. 1885 P.L. 203 rep. 1937 P.L. 2017 sec. 702. These
records are not found in every county.
153 This record is found today in very few counties.
104 The keeping of these records is not obligatory, but one or more of the records
here shown are frequently found.
428
COUNTY GOVERNMENT
Supplies Received and Distributed.155 Title varies: Receiving
Book; Property Book; Journal; Inmates’ Record of Clothing; Coal
Account Book; Wearing Apparel.
This is a record of all supplies received, disbursed, used, or consumed,
showing the date; name, price, and quantity of each article; names of
merchant from whom it was purchased, consignee, and inmate receiving it ;
and date it was put into use.
County Farm Products. Title varies: Canning Record; Meats.
This is a record of all products of the county farm, including food raised,
livestock butchered, and dairy and poultry products obtained. It shows the
value of all products ; and whether they were sold, consumed by the home,
or canned for future use.
OUTDOOR RELIEF 156
Applications for Outdoor Relief, for dates prior to 1937. Title
varies : Applications for Relief ; Outdoor Relief ; Orders of Relief ;
Record of the Poor.
This record consists of applications for outdoor relief or records of these
applications. The information contained includes the name of the person
requesting aid and the type of assistance desired. Other information about
each relief applicant includes his address, age, sex, color, occupation,
nationality, marital status, education, physical and mental condition, citizen-
ship status, number of children, length of residence in the county, any
previous case history, cause of destitution, and signature of social worker.
Relief Orders, for dates prior to 1937. Title varies: Outdoor Re-
lief ; Clothing Orders.
Outdoor relief orders and stubs for these orders are sometimes kept in the
office of the institution district board. They show the applicant’s name and
address, amount and purpose of relief, and date issued.
Record of Outdoor Relief Granted, for dates prior to 1937. Title
varies : Outdoor Relief Cards ; Milk Orders.
This is a record of persons who received outdoor relief from the county.
It usually gives the following information about each applicant : name ;
165 Sometimes the record of supplies received is kept separately from that of records
distributed. As shown ‘by the title variations, records of the receipt or distribution
of one or more particular types of supplies are often kept separately.
158 Records of the former poor directors’ work in connection with outdoor relief are
not found in every county, and where they have been kept, they often differ from
those here given.
INSTITUTION DISTRICT BOARD
429
date and place of birth ; education, marital status and habits ; and the num •
ber and ages of the persons in family. In most cases it shows the amount
and type of relief granted, and the length of time the person remained on
relief rolls.
Talbot Fund Records, 1932-33. Title varies: Talbot Fund; Talbot
Fund Orders; Talbot Fund Check Books.
In a few counties records have been kept of the use of the funds received
under the provisions of the Talbot acts.157 These may consist of a record
of the receipt and distribution of these funds, canceled relief orders issued
against the Talbot fund, and canceled checks drawn against the fund.158
Investigators’ Daily Reports, for dates prior to 1937.
These are the reports of investigations of outdoor relief cases showing
the name and address of the applicant, the date of investigation, the find-
ings of the case worker, and the investigator’s signature.159
FINANCIAL TRANSACTIONS 160
Receipts and Expenditures of the Poor and Institution Districts.
Title varies: Ledger; General Ledger.
A record of the receipts and expenditures of the county home, showing
the amount of appropriations; date, amount, and source of each receipt;
date, amount, order number, name of payee, and purpose of every ex-
penditure ; totals ; and balance.161
Day Book. Title varies: Ledger, Treasurer’s Day Book.
A daily record of the receipts and expenditures of the poor and institution
15‘ For a discussion of the Talbot acts see essay on Board of Assistance.
163 These records are found in very few counties.
159 Ibid.
160 For the auditors’ reports of the accounts of borough, township, and county poor
districts see the records of the clerk of quarter sessions and oyer and terminer ; 1879
P.L. 30 am. 1881 P.L. 44; 1879 P.L. 78 sec. 17; 1909 P.L. 392 sec. 2; 1911 P.L.
865 sec. 2 am. 1913 P.L. 254 sec. 3; 1911 P.L. 1052; all rep. 1937 P.L. 2017 sec. 702.
In a few counties copies of these auditors’ reports have been kept with the records of
the institution district, however.
161 1936 P.L. 539 sec. 34 rep. 1937 P.L. 2017 sec. 702; 1925 P.L. 762 sec. 223 rep.
1937 P.L. 2017 sec. 702 but reen. as am. in secs. 310-312. In some counties additional
special account books are kept of certain phases of the work of the institution district
board. Examples of these are Children’s Aid, County Wards, Inmates’ Board Ac-
counts, State Hospital Cases, Wearing Apparel, Payrolls, and Justice of the Peace
and Constable Ledger.
430
COUNTY GOVERNMENT
districts is often kept. It shows the date, amount of money received from
each source, amount expended for each purpose, and daily and monthly
totals.162
Paid bills. Title varies: Paid Invoices.
Paid bills for the work of poor directors and institution district board are
sometimes kept on file. The information shown includes the date, warrant
number, purpose, and payee’s name.163
Paid Vouchers.
These are the canceled vouchers which have been issued by the directors
of the poor and the institution district board. In some counties there has
been attached to each voucher the bill which covered the expense repre-
sented by the voucher. The information shown includes the vouches num-
ber, date, payee’s name, amount, purpose, and officials’ signatures and
notarial seals.164
Voucher Record. Title varies: Record; Journal.
In some counties a record has been made of all vouchers issued by the
authorities in .charge of the poor. It shows the date of issuance of each
voucher, numbers of vouchers and checks, payee’s name, purpose, amount,
and date of payment.165
Financial Reports. Title varies: Steward’s Reports; Journal.
Copies of reports submitted to other agencies are sometimes found here.
These may include the auditors’ or controller’s report of the finances of
the district, reports of those in charge of the home to the poor directors
or the institution district board, reports of the poor authorities to the treas-
urer, commissioners, or controller, and reports sent to the Department of
Welfare by those in charge of the poor.168
MISCELLANEOUS
Visitors’ Register. Title varies : Register for County Home.
A register of visitors to the county home is kept in most counties. It usually
1<B Accounts in this form arc not kept in every county.
183 These paid bills are often placed on file with the general paid bills of the county.
164 In most counties these paid vouchers are found in the controller’s or commis-
sioners’ office.
165 This record is seldom kept by the institution district board. Where there is a
controller, he keeps a register of all warrants and vouchers.
1M There is no requirement that copies of these reports be kept on file.
INSTITUTION DISTRICT BOARD
431
shows the visitor’s name and address, name and relationship of the inmate
visited, date of visit, and any meals served to the visitor.167
Menus, usually of recent date.
The daily menus of meals served to inmates are kept in a few counties.168
Deeds to County Home.
The deeds to the property which makes up the county farm are occasionally
found among the papers of the board. Each deed shows the date, names
of grantor and grantee, location and description of the property, the con-
sideration, and signatures of parties and witnesses.169
Proposals. I
Proposals for the construction of the county home and other structures
on the poor farm are sometimes kept. The information given includes the
following : the date ; the suggested site, size, and dimensions ; number of
rooms ; type and kind of materials to be used ; and cost. Sometimes bids
are placed with these proposals.170
187 This is not a required record.
163 This is a very rare record.
189 These are only rarely kept by the institution district board. In most counties they
are found among the records of the commissioners or the controllers.
170 In most counties the controller or the commissioners keep these proposals.
XXX
Board of assistance
Evolution and Structural Organization. The establishment of the De-
partment of Public Assistance in 1937 1 and the provision for the setting up
of county boards of assistance under the Department 2 were due to two
important factors, first to the need for a unified system of granting “out-
door” or noninstitutional relief, and second to the serious and unusual
conditions of the previous decade which made the entire responsibility for
poor relief too great a burden for the counties and lesser municipalities to
bear alone.
In the early days of Pennsylvania’s history the care of the poor was
definitely the responsibility of the local governmental units.3 This was
only natural when the remoteness of settlements from each other is con-
sidered. Moreover, local people were best able to determine how great
were the applicants’ needs for relief.4 Overseers of the poor were chosen
in each township and borough.5 At first the only possible type of aid was
direct relief. As the population of districts increased, it became more
economical to build almshouses where all indigent people were required to
go regardless of age, physical condition, or family ties. Toward the end
of the nineteenth century a more humanitarian attitude prevailed. New
laws were passed to take out of the almshouses all persons who would be
benefited by remaining in their homes or by being cared for in specialized
institutions. The first of such acts was one of 1883 which provided that
thereafter it was unlawful to keep in an almshouse for more than 60 days
any child between the ages of 2 and 16 unless he were “an unteachable
idiot, an epileptic, or a paralytic or otherwise so disabled or deformed” as
to render him incapable of working. All pauper children were either to be
1 1929 P.L. 177 am. 1937 P.L. 2003.
2 1937 P.L. 2051.
3 See essay on Institution District Board.
'Poor Relief Administration, p. 167.
5 1705-6, II St. at L. 251 secs. 1, 2 rep. 1771, VIII St. at L. 75 sec. 30 but reen. as
am. in secs. 1, 4, 6, 7 rep. 1937 P.L. 2017 sec. 702; 1834 P.L. 163 sec. 5; 1881 P.L. 120
sec. 1. am. 1883 P.L 66 further am. 1903 P.L. 246; 1893 P.L. 335 sec. 9 am. 1897 P.L.
88 rep. 1937 P.L. 2017 sec. 702.
432
ASSISTANCE BOARD
433
bound out as apprentices or indentured servants, or placed in private homes
or in institutions designed for children only.6
In 1913 the first Mothers’ Assistance Law was passed. This statute was
designed not merely to keep children out of almshouses, but to keep them in
their own homes under their mothers’ care. To carry out the provisions of
this act, the sum of $200,000 was appropriated by the State, to be appor-
tioned among the counties according to their population. But no county
might receive its allotment until it agreed to provide an equal amount for
mothers’ assistance. For each county deciding to avail itself of the pro-
visions of the act, the Governor appointed a group of women to act as the
unpaid board of trustees for mothers’ assistance. The duty of these boards
was to supervise the payment of a monthly allowance to indigent widowed
or abandoned mothers whose children were below legal working age. These
allowances amounted to $12 a month for one child, $20 for two children,
$26 for three, and $5 for each additional child.7 The law of 1913 was
amended 2 years later to provide that payments might be made to any
mother whose husband was dead or permanently confined in a mental hos-
pital. Moreover, children might continue to receive benefits until they
reached the age of 16 if they were unable to work or were attending school
with a satisfactory scholastic record.8
In 1919 a new mothers’ assistance law was enacted which, with sub-
sequent amendments, was in force until 1937. The chief innovation of
this act was the provision that the monthly payments to mothers might be
as high as $20 for the first child and $10 for each additional child.9
After 1933 the funds were allocated among the counties according to the
number of eligible mothers within each county rather than in relation to
the entire population of the county.10 Another law of 1933 permitted pay-
ment of the grant after the mother’s death to the relative at whose home
the child was living.11 The various counties gradually joined the plan
until in 1936 it was in operation in all except Beaver, Clearfield, Elk,
Fayette, Forest, Fulton, Perry, and Pike counties.12
“ 1883 P.L. Ill secs. 1, 2 reen. 1925 P.L. 762 secs. 904, 905 rep. 1937 P.L. 2017 sec.
702 but reen. as am. in sec. 405.
7 1913 P.L. 118.
8 1913 P.L. 118 am. 1915 P.L. 1038 rep. 1919 P.L. 893 sec. 19.
”1919 P.L. 893 am. 1921 P.L. 1175 further am. 1923 P.L. 307 further am. 1936 (Sp.
Sess.) P.L. 118 rep. 1937 P.L. 2051 sec. 18.
10 1933 P.L. 993 sec. 2.
" 1933 P.L. 964 No. 197.
12 Pennsylvania Manual, 1935-36, pp. 1013-17 ; Poor Relief Administration, p. 24.
434
COUNTY GOVERNMENT
The work of mothers’ assistance was brought under the Federal Social
Security Act in 1936, and thus was made applicable to every county. Coun-
ties unable to contribute a sum equal to the State appropriation applied to
the Department of Welfare for an extra appropriation. The Department
then made an investigation into conditions in the county, and if it was
convinced of the county’s inability to pay its share, an additional grant
was made by the State.13
In 1923 provisions were made for old age assistance, payable by the
State and administered in every county by boards appointed by the county
commissioners.14 This act was declared unconstitutional, however, and
never went into effect.15 When a plan for old age assistance was finally
adopted for Pennsylvania in 1934, 16 the requirements for aid and the
amount of assistance to be granted were based on the provisions of the
defunct act of 1923. The acts of 1934 and 1936, provided that old age
assistance be granted from State and Federal funds, with the individual
counties responsible only for administrative expenses, which were not to
exceed 6 percent of the county’s allocation. The funds were administered
by the Department of Welfare and the county board of trustees of the
mothers’ assistance fund. For every county not under the mothers’ assist-
ance plan, the Governor appointed a special board of trustees to administer
the old age assistance fund. Assistance under this act was limited to $30
a month for the first eligible member of the family and $15 for each addi-
tional member. This law provided that the individual counties and poor
districts were to continue to be responsible for the care of aged people
who did not qualify for old age assistance.
Pensions to the blind were also first granted in 1934, with funds pro-
vided by the State until 1935 when Federal grants were also received.
These pensions were likewise administered by the same county board of
trustees. It was provided that a special board to administer blind pensions
might be appointed if there were no trustees of the mothers’ assistance
13 1919 P.L. 893 secs. 1, 4, 14-18 am. 1936 (Sp. Sess.) P.L. 118; 1919 P.L. 893
sec. 3 am. 1923 P.L. 307 further am. 1936 (Sp. Sess.) P.L. 118 sec. 2; 1919 P.L. 893
sec. 18.1 added 1936 (Sp. Sess.) P.L. 118 sec. 11.
14 1923 P.L. 189.
15 Busser v. Snyder, 282 Pa. 440 (1926).
18 1933-34 (Sp. Sess.) P.L. 282 rep. 1936 (Sp. Sess.) P.L. 28 sec. 25 but reen. as
am. in secs. 1-24 and am. 1937 P.L. 2049 rep. 1937 P.L. 2051 sec. 18. The act of 1936
placed the granting of old age assistance under the terms of the Federal Social Se-
curity Act.
ASSISTANCE BOARD
435
fund or of the old age assistance fund,17 but this was not needed in any
county.
Still another form of relief became increasingly necessary after 1929
until finally it overshadowed all the other types. This was aid to the
unemployed which had formerly been but an incidental responsibility of the
overseers and directors of the poor. The poor law of 1836 required that
the authorities in charge of the poor provide work for any indigent person
unable to secure employment. Work on the roads was specified as a means
of coping with the situation.18 The first law which attempted to solve the
growing problem of unemployment relief was the First Talbot Act, passed
in 1931. A sum of $10,000,000 was appropriated to the Department of
Welfare to be paid over to poor districts between December 1931 and
May 1932. The money was allocated among the counties on the basis of
their proportionate number of unemployed. When there was no county
poor district, the county commissioners distributed the money among the
small local districts. The appropriation had to be used by the overseers
and directors of the poor for food, clothing, fuel, and shelter for residents
with no means of support. No part of these funds was allowed to be given
directly to the poor as a cash “dole.” 19
The State Emergency Relief Board, made up of five designated State
officials, was created in 1932. It was given the responsibility of disbursing
all State funds and Federal grants which were used for unemployment
relief.20 The Second Talbot Act entrusted each county’s unemployment
relief program to a county emergency relief board made up of five ap-
pointed unpaid members.21 In Pennsylvania disbursements for poor relief
doubled between 1923 and 1933, but almshouse expenditures remained
about the same.22 By 1933, 79.5 percent of poor relief funds was coming
from the State or Federal government.23
The Public Assistance Law of 1937 coordinated all the work of mothers’
assistance, old age assistance, blind pensions, and unemployment relief
17 1933-34 (Sp. Sess.) P.L. 246 rep. 1935 P.L. 621 No. 220 sec. 16 but reen. in secs.
1-15, 17, 18.
18 1836 P.L. 539 sec. 3 rep. 1937 P.L. 2017 sec. 702.
19 1931 P.L. 1503.
70 1932 (Sp. Sess.) P.L. 88 rep. 1937 P.L. 2051 sec. 18; Poor Relief Administration,
p. 81.
21 1932 (Sp. Sess.) P.L. 90.
22 Poor Relief Administration, pp. 48, 79.
28 Ibid., p. 57.
436
COUNTY GOVERNMENT
under the Department of Public Assistance and the subordinate county
boards of assistance.24 The law went into effect on July 1, 193 7 25 and after
that date the State Emergency Relief Board and all its subordinate agencies
were abolished except insofar as necessary for liquidation of their affairs
and property. All the powers and duties of the State Emergency Relief
Board were transferred to the Department of Public Assistance.29 The
boards of trustees of the mothers’ assistance fund and the old age assist-
ance and blind pensions funds were given until January 1, 1938 to close up
their affairs.27 All types of assistance under the Department of Public
Assistance are carried on with State and Federal funds. The county does
not provide even operating expenses and has no supervision over any
phase of this work, for it is wholly under State control. The county has
been adopted merely as a convenient administrative unit.
In every county there is a board of assistance which consists of 7 persons
except in first and second-class counties where there are 11 members. The
members are selected by the Governor for 3-year overlapping terms. They
are eligible to but two consecutive terms. The Governor fills any vacancy
with an appointee who serves out the unexpired period. Not all the mem-
bers of any county’s board of assistance may belong to the same political
party, and none is permitted to hold office in a political party. They receive
no compensation, but are reimbursed for expenses incurred.28
The county board of assistance acts under the supervision of the Depart-
ment of Public Assistance which allocates money for assistance and for ad-
ministrative expenses,29 establishes rules, regulations, and standards of eligi-
bility for assistance,30 and makes rules and regulations for the conduct of the
work of the local boards.31 The county board is also subordinate to the
State Board of Public Assistance which is made up of the State Treasurer,
the Auditor General, and seven additional members selected by the
Governor.32
Powers and Duties. The work of the county board of assistance comes
under four classifications : aid to dependent children, to the aged, to the
24 1937 P.L. 2051.
2,1 Ibid., stc. 17.
2" Ibid., sec. 14.
27 Ibid., secs. 15, 17.
28 Ibid., sec. 5 (a, b).
29 Ibid., sec. 4(a) am. 1939 P.L. 1091 sec. 2; 1937 P.L. 2051 sec. 4(e).
30 1937 P.L. 2051 sec. 4(b) am. 1939 P.L. 1089.
31 1937 P.L. 2051 sec. 4(c).
32 1929 P.L. 177 sec. 450 added 1937 P.L. 2003 sec. 2; 1937 P.L. 2051 sec. 6.
ASSISTANCE BOARD
437
blind, and to other residents of the county who need assistance in order
“to enable them to maintain for themselves and their dependents a decent
and healthful standard of living.” 33 The dependent children are those
under the age of 16 whose fathers have died, become incapacitated, or de-
serted their families.34 The aged persons eligible for assistance are those
who are more than 65 years old 35 and who fulfill certain residence and
property requirements.36 The blind who may receive assistance must be
over 21 years of age, may not possess more than 3/60 vision, do not also
receive old age assistance, and do not with the pension have an income
of more than $1,200 a year. A recipient of a blind pension is not permitted
to own real property worth more than $5,000.37 The other persons eligible
for relief must be citizens of the United States or must have filed their
intention to become such within the 2 years prior to January 1, 1940. More-
over, they are obliged to have been legal residents of Pennsylvania for at
least 2 years before making application for assistance.38 There are definite
residence requirements for persons within any of these groups, but anyone
not meeting them may be granted assistance until he is removed to his legal
place of residence.39 Assistance is not given to anyone who is an inmate
of a public institution or in need of institutional care.
Every county board of assistance selects from its members a president
and a secretary.40 Much of the work of public assistance is carried on by
the employees who are selected from their standing in competitive examina-
tions.41 The county board, however, may recommend to the Governor that
any employee be removed or suspended. The Governor thereupon has final
action on the matter.42 In addition, the board may appoint and remove an
executive director. This officer, however, must be chosen from those per-
sons who qualified for employment in the Department of Public Assistance
through an unassembled examination.43
33 1937 P.L. 2051 sec. 9.
34 Ibid., sec. 9(a) am. 1939 P.L. 1091 sec. 3.
35 Seventy was the minimum age until January 1, 1940.
36 1937 P.L. 2051 sec. 9(b) am. 1939 P.L. 1091 sec. 3.
37 1937 P.L. 2051 sec. 9(a).
38 Ibid., sec. 9(d) am. 1939 P.L. 1091 sec. 3.
39 1937 P.L. 2051 sec. 9(e).
40 Ibid., sec. 5(c).
41 1929 P.L. 177 sec. 2504-A added 1937 P.L. 2003 sec. 3.
43 1937 P.L. 2051 sec. 7(a) am. 1939 P.L. 1091 sec. 2.
43 1937 P.L. 2051 sec. 7(a) added 1939 P.L. 1091 sec. 2.
438
COUNTY GOVERNMENT
The county board of assistance receives and spends all contributions from
any source related to assistance or to the work oi the Department of Public
Assistance. It submits budgets to the Department as the basis for the
allocation of funds for all work within the scope of its activities. It makes
recommendations to the Department concerning rules, regulations, and
standards of eligibility for assistance and relative to the nature and extent
of assistance to be given. The board hears and determines appeals from
the actions of its employees which affect the rights of those persons apply-
ing for or receiving assistance. Further appeals are made to the Depart-
ment of Public Assistance, the decision of which is final.44 The board also
appoints a board of review which hears and determines appeals by em-
ployees from orders of demotion and removal.43
The law allows the board to establish policies and practices as to the
amounts of assistance to be granted in individual cases. But no grant may
exceed the maximum amount set by the Department of Public Assistance
for families of given sizes and given circumstances.46 Since 1939 the board
has been authorized to require that all employable relief recipients, except
those receiving aid as mothers of dependent children, or as aged or blind
persons, perform some work in return for the relief granted to them. Those
who refuse without good reason to accept the assigned work may be refused
further assistance until they are ready to comply.47 The board is permitted
to appoint labor review committees to pass upon the eligibility for relief
of any applicant or recipient who refuses to do such work or to take offered
employment.48 When there is no such committee the board itself has this
responsibility.49
Every county board of assistance has a number of duties concerning
the finding of this work for recipients of relief. The board must prepare a
statement of the number of persons available for work classified by occupa-
tion and political subdivision. This statement is sent to various designated
government and charitable organizations and institutions. When any of
them has work to be done by recipients of assistance, the board notifies the
persons selected to appear for work, and decides what is the “prevailing
rate” of compensation. The worker works only enough hours each week
44 1937 P.L. 2051 sec. 7(d, e, g, h) am. 1939 P.L. 1091 sec. 2.
40 1937 P.L. 2051 sec. 8.
46 Ibid., sec. 7(j) added 1939 P.L. 1091 sec. 2.
4T 1939 P.L. 1184 sec. 2.
49 1937 P.L. 2051 sec. 7(m) added 1939 P.L. 1091 sec. 2.
10 1939 P.L. 1184 sec. 7.
ASSISTANCE BOARD
439
for him to earn at the prevailing wage the amount of money granted to
him as assistance.60
The board is permitted to take various measures to insure that assistance
is granted only to those actually in need and that relief money is not un-
wisely used. It may subscribe to the service of commercial credit rating
agencies 51 and is authorized to require that banks disclose to it the amount
of money deposited or withdrawn by relief applicants or recipients during
the preceding year. It has a similar power to find out from employers the
amount of compensation paid to any designated person within a given
period.52 Upon request, the board must make available to any taxpayer the
names, addresses, and amounts of aid granted to all persons receiving gen-
eral assistance.53 In addition a trustee may be appointed by the Department
of Public Assistance to supervise the use of assistance payments by any
recipient who is believed to be in need of such supervision.54 The county
board is permitted to subscribe for nonprofit medical service in behalf of
anyone entitled to receive relief.55
Several rather broadly stated duties have been given to the county board
of assistance. It must supervise the administration of any other public
function relating to its work which is given to the board by any political
subdivision of Pennsylvania with approval of the State Board of Public
Assistance. Moreover, it must study, report, and interpret its policies,
problems, and work, to the Department of Public Assistance and to the
public.50 Any county board is permitted to establish committees composed
of citizens of the county or of any particular municipality in the county.
These committees cooperate with the local board in recommending local
policies, supplying information regarding the eligibility of persons for
assistance, and stimulating local employment. On petition of 50 or more
residents of any community, the board must appoint such a committee to
function in that municipality. The board is obliged to encourage relief
applicants to accept any work offered by providing that assistance will be
granted at the end of such employment if the need for relief still exists.67
60 Ibid. secs. 3-8.
51 1937 P.L. 2051 sec. 7(n) added 1939 P.L. 1091 sec. 2.
02 1935 P.L. 48 am. 1939 P.L. 331.
“ 1937 P.L. 2051 sec. 7(o) added 1939 P.L. 1091 sec. 2.
54 1937 P.L. 2051 sec. 10.
65 1939 P.L. 1125 sec. 11.
60 1937 P.L. 2051 sec. 7(f, i) am. 1939 P.L. 1091 sec. 2.
" 1937 P.L. 2051 sec. 7(k, 1) added 1939 P.L. 1091 sec. 2.
440
COUNTY GOVERNMENT
Records. In 1937 the records here shown ceased to be county records.
The board of assistance, however, has taken charge of them, and has con-
tinued many of them. The Department of Public Assistance now prescribes
the rules, regulations, and standards for all reports and records to be made
by the county boards, the forms to be adopted, and the method of account-
ing to be used.58 These records are not open to the public. Unless other-
wise stated they usually date from the acceptance of the mothers’ assist-
ance plan by the county.
minutes 59
Minute Book, Board of Trustees for Mothers’ Assistance. Title
varies: M. A. F. (Mothers’ Assistance Fund).
Minutes of the board of trustees for mothers' assistance, showing date of
meeting, names of members present, business transacted, and secretary’s
signature.
Minute Book, Board of Trustees for the Old Age Assistance Fund,
1934-37. Title varies: O. A. P. (Old Age Pensions).
The minutes of the meetings of the board of trustees for the old age pen-
sion fund contain information similar to that found in Minute Book, Board
of Trustees for Mothers’ Assistance.
Minute Book, Board of Trustees for the Blind Pension Fund, 1934-
37. Title varies: P. F. B. (Pension Fund for the Blind).
The minutes of the meeting of the board of trustees for the blind pension
fund contain information similar to that found in Minute Book, Board of
Trustees for Mothers’ Assistance.
CASE RECORDS
Master File. Title varies: M. A. F. ; Blind; Master File Index.00
Many counties have made a master file of all active and dismissed cases 61
68 1937 P.L. 2051 sec. 7(c) am. 1939 P.L. 1091 sec. 2.
50 The keeping of a minute book by any of these boards was not required, so these
records will not be found in every county. These may be in the form of a single
minute book for all three boards.
60 In some counties the Master File covers all cases which have received any of
these types of aid. In others separate general files are kept of mothers’ assistance,
old age assistance, and blind assistance cases.
61 In some counties records of rejected applicants are also kept here. In some coun-
ties there is one Master File of active cases and another of inactive cases.
ASSISTANCE BOARD
441
handled by the boards of trustees for the mothers' assistance fund, the
old age assistance fund, and the blind pension fund, lhe record for each
person gives the following information: applicant’s name and address; his
alias, if any ; maiden name of married female applicants ; number of de-
pendents ; date of birth ; and case number.62
Geographical Index to the Master File.
A few counties have a separate card file which serves as a geographical
index to the Master File. Each card shows the name of municipality, name
of street, house number, names of the parties, case number, classification,
assignment, and disposition.63
Mothers’ Assistance Fund Case Records.64
All papers concerning mothers' assistance in the county are usually filed
here.65 These include applications for assistance, investigation reports,
amount of assistance granted, case histories, correspondence, and general
summary.06
Old Age Assistance Fund Case Record, 193-1 — .G7
Filed here are all papers relating to persons to whom old age assistance
has been granted. These papers include the applications for aid ; results
of investigations made, including insurance and bank investigations ; record
62 This record is kept in almost every county.
63 This record is not kept in every county which has a Master File.
In some counties case records of all persons receiving out-door relief are filed
together. Miscellaneous records of various types of noninstitutional relief are often
found in the offices of the commissioners and the county institution district board.
“In addition to filing the various papers received in connection with mothers’ as-
sistance work, the board of trustees had to prepare a general summary of each family
receiving aid. It stated the number of children in the family with their names, ages,
and places of residence. Four copies of this record were made. One was a public
record in the office of the board, another was lodged with the juvenile court or
orphans’ court, the third was transmitted to the Auditor General, and the fourth was
sent to the county treasurer. The record in the office of the board was usually placed in
this file, but may be entered in a separate book; 1913 P.L. 118 sec. 4 am. 1915 P.L.
1038 sec. 4 rep. 1919 P.L. 893 sec. 19 but reen. in sec. 10 rep. 1937 P.L. 2051 sec. 18.
66 These are sometimes separated into active and inactive cases. In the active file
are the records of persons still receiving assistance and the inactive file contains the
papers of persons who no longer receive aid.
87 In some cases active cases and inactive cases are filed separately.
442
COUNTY GOVERNMENT
of all assistance granted ; recipient’s budget ; medical record ; and all cor-
respondence concerning the case.68
Blind Pension Fund Case Records, 1934 — .69
All papers relating to recipients of blind pensions are filed here. These
include the applications for pensions; reports of investigations, including
insurance and bank reports ; certificates of examination by eye specialists ;
a record of aid granted ; and correspondence.70
Rejected Applications. Title varies: Mothers’ Assistance Dis-
missals ; Blind Dismissals ; Old Age Dismissals.
In some counties there are kept on file the applications for these various
types of assistance which were rejected because of the applicant’s in-
eligibility. The information shown includes the applicant’s name and ad-
dress, date of application, and the reason for rejection.71
CLAIMS SETTLEMENTS
Papers Filed in Claims Settlements.
Papers filed in claims settlements are sometimes found in this office. They
show the date, name of county, name and address of defendant, case and
claim numbers, type and character of paper, type of assistance rendered,
reason for claim settlement, assets, liabilities, and official signatures.
Card Record of Claims Settlements.
A card record of claims settlements is sometimes kept. It usually shows
“A record had to be kept which contained a complete report of all information
given in the application, including the name of the beneficiary; the number, relation-
ship, and financial status of all relatives of the applicant; and any other information
requested by the Department of Welfare. Three copies of this record were made,
one for the local office, one for the Department of Welfare, and one for the Auditor
General. This record is usually found in Old Age Assistance Fund Case Record, but
was occasionally entered in a separate book such as Ledger, Old Age Pension; 1933-
34 (Sp. Sess.) P.L. 282 sec. 8 rep. 1936 (Sp. Sess.) P.L. 28 sec. 25 but reen. as am.
in sec. 7 rep. 1937 P.L. 2051 sec. 18.
69 Some counties place papers concerning active cases in one file and those relating
to inactive cases in another.
70 A record of all applications received and of the certificates of eye specialists was
also kept. One copy remained in the office and the other two copies were sent to the
Department and the Auditor General. This record was usually placed with Blind
Pension Fund Case Record, but occasionally was entered in a separate book such as
Ledger Blind Pension Fund; 1933-34 (Sp. Sess.) P.L. 246 sec. 8 rep. 1935 P.L. 621
No. 220 sec. 16 but reen. in sec. 7 rep. 1933 P.L. 2051 sec. 18.
71 These applications are not kept on file in every county.
ASSISTANCE BOARD
443
name of county, name and address of defendant, type of assistance ren-
dered, case and claim numbers, dates of investigations, amounts of claim,
disposition, date and amount of payment, balance, costs, and signature of
claim settlement agent.
W. P. A. (Works Progress Administration; Work Projects Ad-
ministration) Forms, 1935 — .
These are papers filed concerning persons working on the Work Projects
Administration Program. The following information is shown : case num-
ber, name and address of recipient, and date and character of paper filed.
State Authority Projects.
This is a card record of persons employed on State authorized projects,
showing the names of project, contractor, and employee; case and social
security numbers of employee ; and date filed.
Employment File, 1938 — .
This is a card record of wages earned by applicants, showing names and
address of employer and employee, check and case numbers, dates when
applicant was hired and discharged, reason for discharge, and dates and
amount earned.72
Unemployment Compensation Check Stub File, 1938 — .
These are the stubs of checks for unemployment compensation payments
showing date issued ; name, address, and social security number of payee ;
and amounts of claim and payment.
MISCELLANEOUS
Application Control File, dates vary.
Filed here are applications for interviews, showing names and addresses
of applicant, cross references, dates of interviews, classification of case,
type of filing, assignment, transfer, disposition of case, date, and signature
of the interviewer.
Social Security File, 1937 — .
This is a card record of employees’ social security numbers showing the
name, address, and social security number of employee ; name and address
of employer ; case number, if any ; and date hired.
'2 This record is kept to check on claims for unemployment compensation.
XXXI
Home for Dependent and Delinquent
Children
Evolution and Functions. At first children were usually either placed
in the almshouse or bound out as apprentices or indentured servants by the
overseers or directors of the poor.1 A law of 1883, however, made it
illegal for any child between the ages of 2 and 16 to be kept in an alms-
house for longer than a period of 60 days. The only children to whom the
terms of this act were not applicable were unteachable idiots, epileptics,
paralytics, and children otherwise so disabled as to be rendered “incapable
of labor or service.” 2
The authorities in charge of the poor were required to put all poor chil-
dren thus displaced from the almshouse either “in some respectable family
in this State, or in some educational institution or home for children.” 3
Moreover, any county or group of counties was authorized to set up a
children’s home, located at a distance from the poorhouse, entirely discon-
nected from any almshouse, and under different management.4 This act
of 1883 was repealed in 1921 but reenacted in its entirety.5 6
Another type of children’s home, the industrial county school for boys
committed by a juvenile court, was provided for in a law of 1909 which
required that such an institution be established in every county with a
population of between 750,000 and 1,200,000.° At that time Allegheny
was the only county which fell into this classification.7 An amendment of
1911 extended the terms of this act to all counties with a population from
300,000 to 1,200, 000, 8 thus making it applicable to Luzerne County as
1 1705-6, IT St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30 but reen. in sec. 8
sup. 1836 P.L. 539 rep. 1927 P.L. 961.
2 1883 P.L. Ill secs. 1, 2.
3 Ibid.
'Ibid., sec. 3.
6 1921 P.L. 1030.
6 1909 P.L. 302 sec. 1 am. 1911 P.L. 262.
7 Pennsylvania Manual, 1939 p. 104.
8 1909 P.L. 302 sec. 1 am. 1911 P.L. 262.
444
children’s home
445
well.0 In 1915 establishment of similar homes for girls was made obliga-
tory in counties of from 750,000 to 1,200,000 inhabitants.10
The provisions of this series of acts were used as the basis for a law
of 1917 which permitted any county to establish an industrial home for
children committed by the juvenile court. Whenever a majority of the
county commissioners believe that such an institution is necessary, they
petition the court of common pleas to that effect. If the court agrees, it
issues an order approving the establishment of such a home.* 11 Depending
upon the decision of the commissioners and the court, the school is either
for boys alone, for girls alone, or for children of both sexes.12 Children
committed by the juvenile courts of other counties may be admitted if a
financial arrangement is made which is satisfactory to the county com-
missioners.13
These schools must be established on the cottage home plan, with build-
ings and equipment conforming to rigid specifications in order that they
may provide adequately for the advancement of the children and serve as
a supplement to the public school system of the State.14 The land for the
industrial school is purchased by the county commissioners. Special taxes
and bond issues may be resorted to for the initial purchase of the land
as well as the erection of the buildings and subsequent enlargement and
extension programs, but ordinary expenses of maintenance are defrayed
from the general county funds.13
A county industrial school for children is controlled by a board of man-
agers consisting of nine citizens appointed by the court of common pleas.
If the county has one school for boys and a second one for girls, the same
board may serve for both schools, but a board with authority over a school
for girls must have at least one woman among its members. There is a
3-year term of office for members of the board, with three members re-
placed every year. The power to remove members and to fill vacancies be-
longs to the court of common pleas.16
'‘Pennsylvania Manual, 1939, p. 104.
10 1915 P.L. 244.
11 1917 P.L. 693 secs. 1, 2.
12 Ibid., sec. 12.
13 Ibid., sec. 8 am. 1931 P.L. 88 sec. 1.
14 1917 P.L. 693 sec. 5.
1S 1917 P.L. 693.
18 Ibid., secs. 3, 13.
446
COUNTY GOVERNMENT
The board of managers holds meetings as often as necessary, and makes
semi-annual reports to the commissioners on the form prescribed by the
county commissioners. The board recommends the amount of money re-
quired for the school. The county commissioners pay over to the board
of managers as much as $10,000 at a time. From this sum of money all
expenses of the school are paid. All of these expenditures are subject to
audit by the controller or auditors.17 The money received from the sale
of the products of the school and for the maintenance of children from
other counties is used as the board of managers sees fit. At the end of every
calendar year the board accounts for all money by filing with the con-
troller or the county commissioners the properly approved paid vouchers.
Any cash balance is then deposited with the county treasurer.18
The employees of the school are appointed by the board of managers.
These consist of a superintendent and teachers, officers, and other em-
ployees. The number and salaries of the employees must be approved by
the county commissioners and the controller or auditors. The superin-
tendent is the presiding officer of the institution. When he and the board
are satisfied with the improvement made by an inmate, they certify that
fact to the juvenile court which may release him on parole. At any time
during his minority, however, the child may be recommitted if the board
is dissatisfied with his conduct.19
Therefore, since 1917, any county has been allowed to set up two differ-
ent types of children’s homes. The first, managed by the county commis-
sioners, is for poor children, and the second, under the control of a board
of managers appointed by the court, is for children committed by the
juvenile court. A law of 1921 permits the establishment of a home com-
bining some of the functions of both of these other types. This act at first
applied to counties of the fourth to eighth classes, but it was amended
10 years later to include third-class counties as well.20 With the approval
of the grand jury and the court of quarter sessions, the county commis-
sioners may establish an institution to care for indigent orphans dependent
upon the public for support, and incorrigible, indigent, dependent, or
neglected children of either sex who are committed by the juvenile court,
the county commissioners, or the poor authorities of the county. The ex-
penses of this institution, known as the children’s home, are paid from
17 Ibid., secs. 4, 11.
18 Ibid., sec. 16 am. 1937 P.L. 88 sec. 2.
18 1917 P.L. 693 secs. 4, 7, 10.
20 1921 P.L. 666 No. 281 sec. 1 am. 1931 P.L. 22 No. 21 sec. 1.
children’s home
447
the general funds of the county, and from any gifts or bequests received
for that purpose.21
Full control over the children's home and its inmates is given to the
county commissioners,22 who may appoint a superintendent and other
necessary employees and who must see that the children are properly cared
for and given a good English education. The latter is subject to the terms
of the School Code and is under the direction of the county superintendent
of schools. The commissioners may require the children to perform any
work about the home and its grounds, which is not beyond their strength
and does not interfere with their attendance at school.23 The commis-
sioners also adopt for the school any necessary rules and regulations which
are not in conflict with the constitution or laws of the State.24
The law of 1921 requires that a child shall be placed in the home only
when arrangement cannot be made for him to enter a family with re-
ligious beliefs similar to those of his parents, or an institution controlled
by persons of that belief.25 With the approval of the juvenile court and
subject to the terms set down by the court, the commissioners may place
any or all inmates of the children’s home into such private homes or may
discharge inmates when they consider them able to care for themselves
or for any other reason.28
Before making a final order for the commitment of a child to the home,
the court has him examined by a physician and is given a full report of
the child’s physical and mental condition. In addition the physician gives
a certificate stating that the child is not suffering from any physical or
mental condition which will interfere with his care, treatment, or training
in the children’s home or that of any of the other inmates.27
Children’s homes have been established in only a few counties, however.
In 1934, homes under the authority of the county commissioners existed
in only eight counties.28 The reason for this comparatively small number
of children’s homes is partially that in recent years authorities have been
encouraged to place children in families rather than in institutions. In
21 Ibid.
22 1921 P.L. 666 No. 281 secs. 3, 4.
23 Ibid., sec. 5.
21 Ibid., secs. 6, 7.
“ Ibid., sec. 2.
28 Ibid., sec. 5.
27 Ibid., sec. 2.
28 Poor Relief Administration, p. 115.
448
COUNTY GOVERNMENT
addition, it has been found more economical to send children to noncounty
homes already in existence.
Records. There are no laws requiring that any particular records be
kept by those in charge of either type of children’s home. Most of these
institutions, however, keep records for their own convenience. All of the
records shown here will probably not be found in any one of these homes,
but when they are kept it is usually for the entire period since the home was
established.
children’s homes
Requests for Admission.
These are the applications received requesting admission of children to
the home. The following information is usually given: the date, name of
child, circumstances of the case, and the signature of person making
request.
Foster Home Applications.
These are applications from people who wish to provide foster homes for
inmates of the home. They show the date, substance of request made, and
signature of applicant.
Admissions and Discharges. Title varies : Children’s Home (Ac-
tive) ; Children’s Home (Inactive).29
Most children’s homes keep records of all the children who have been in-
mates of the home. This record usually shows the child’s name, age, and
color ; his parents’ names and addresses ; dates of admission and discharge ;
and reason for admission.
Children in Foster Homes.
This is a record usually in card form of children who have been taken
from the home for placement with foster parents. It gives names and
address of foster parents, name of child, and date entering the foster home.
Health Records. Title varies: Minute Record (Active); Minute
Record (Inactive).
The authorities of children’s homes usually keep a record of the health
of inmates. It usually gives the name and birth date of child; height,
weight, and general physical condition at time of admission and at different
23 In some counties this is divided into active and inactive cases. The active cases
are the children still in the home, and the inactive ones are those who have been dis-
charged.
children’s home
449
dates during stay at the home; physical defects and handicaps of child;
a record of medical and dental care ; and physician’s signature.
General Inventory. Title varies: Equipment and Supplies.
These are the inventories, made periodically, of the equipment and supplies
of the children’s home. The information given includes date of inventory ;
name, description, and value of items mentioned ; and name of person
making inventory.
Purchase and Distribution of Supplies.
In some counties a special record is made of purchases of supplies for the
children’s home. It shows the name of contractor, account number, ad-
dress, date of purchase, items bought and cost of each, and date of dis-
tribution of articles purchased.
Account Book.
Accounts of receipts and expenditures of the home are frequently kept.
The following information is usually found : date, receipt or check num-
ber, name of payer or payee, source or purpose, totals, and balance.
INDUSTRIAL SCHOOL FOR CHILDREN 30
General Case Records.
Case history of each child in the home, showing the admission number ;
name, address, age, date of birth, physical description, nationality, and
religion of the child ; names of the school last attended and the principal ;
the grade attained; the charge; name of arresting officer; date when the
child was received at the school, and from whom; date of record; names
of child’s parents and other relatives ; and his father’s occupation. Any
other available information is also given with the name of the person who
supplied it.
Prior School Records.
These are the forms filled out by principals of school formerly attended
by the inmates of the county industrial school. They show the child’s
name, address, and birth date ; name and address of school ; grade and
years of last attendance ; last promotion ; child’s conduct and intelligence
rating ; and signatures of school principal and authorities of the industrial
school.
30The records of homes set up under the act of 1921 may combine some of the
characteristics of the records of children’s homes and some of those of industrial homes.
All of the records here shown may be filed together in a large general file with all
records of one child placed together,
450
COUNTY GOVERNMENT
School Record.
This is a record of the scholastic work done by each inmate while in the
county industrial school. It shows the admission number, name, and birth
date of each child ; name and address of school last attended ; summary
of school work with the year, grade, subjects, examination averages, and
promotion ; and signature of school principal.
Conduct Record.
The record of the conduct of inmates while in the school shows the child’s
name and admission number, dates of admission and possible parole, the
number of demerits received during each month, and date of parole or
release.
Health Record.
The industrial school usually keeps complete records of the health of in-
mates. Each record shows the admission number and name of inmates ;
date of physical examination ; child’s height and weight, condition of health,
defects, and handicaps ; and remarks and signature of physician.
Record of Dental Care.
A record of dental care received by inmates of the school, showing patient’s
name and admission number, dates of dental work and completion, general
condition of mouth, extractions made, kind and number of fillings, special
work and treatments, remarks, and dentist’s signature.
Information for Cottage Manager.
This is the information given, upon admission of the child, to the manager
of the cottage where he is to live. It shows the inmate’s name, age, and
the religious activities and school grade which he must attend. It is signed
by the superintendent of the school.
Information for School Principal.
This information is given to the school principal upon the arrival of every
new inmate. It shows inmate’s name and age, the grade he must enter,
the date of entrance, and the superintendent’s signature.
Notices of Parole or Discharge.
These notices show the names of the child and the committing official, dates
of admission and discharge, age and physical description of child, his school
grade and record, and remarks and signature of superintendent.
XXXII
Tuberculosis Sanatorium
Evolution and Structural Organisation. The first authorization for the
establishment of county tuberculosis sanatoria was granted by an act of
1911 which permitted the directors of any poor district to establish a hos-
pital for the treatment of tuberculosis. The State Department of Health
was to approve the plans for all such hospitals, and the care provided
therein was to be equal to that given in any State-operated sanatorium.1
These provisions were incorporated in the General Poor Relief Act of
1925, 2 with but little change. Both of these acts were, however, repealed
by the County Institution District Law of 1937.®
The county rather than the poor districts was permitted by law in 1921
to establish a tuberculosis hospital.1 The court of common pleas appointed
a board of trustees who were to have full control over the hospital.5 The
act also provided for the expenditure of the necessary costs of upkeep of
the county hospital by the trustees, but this was in conflict with a provision
in the State Constitution which forbids the delegation to any special com-
mission of the power to make, supervise, or interfere with any municipal
function.6 This act was therefore supplanted in 1925 by a similar act 7
which remedied the objectionable portions,8 and placed county tuberculosis
hospitals under the joint control of the county commissioners and an ad-
visory board.9 The General County Law of 1929 repealed the act of 1925,
but it contained virtually identical provisions regarding county tuberculosis
hospitals.10
At the present time, whenever 100 or more citizens, residents of a
county, petition the commissioners for the establishment of a county tuber-
1 1911 P.L. 1111 No. 836.
2 1925 P.L. 762 secs. 1200-120 3.
3 1937 P.L. 2017 sec. 702.
4 1921 P.L. 944.
5 Ibid., sec. 3.
8 Const., art. Ill, sec. 20.
7 1921 P.L. 944 rep. 1925 P.L. 65 sec. 14.
8 1925 P.L. 65 sec. 5.
" Ibid., sec. 3.
10 Ibid., secs. 1-11 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 622-633.
451
452
COUNTY GOVERNMENT
culosis hospital, the commissioners at the next general or municipal elec-
tion submit to the voters the question whether or not such a hospital should
be established. If a tuberculosis hospital is desired by a majority of the
electors, the county commissioners are empowered to acquire a site either
by purchase or condemnation. The commissioners prepare plans and
specifications, and both these and the site must be approved by the Secre-
tary of Health and the county controller, if there should be one in the
county, before the hospital may be erected. The hospital is equipped by
the county commissioners at the cost of the county. Four counties have
established tuberculosis sanatoria.11
Supervision of county tuberculosis hospitals is vested in an advisory
board of five members. All members must be electors of the county, and
one of them must be a licensed physician. They are appointed by the court
of common pleas for a term of 5 years. They receive no compensation,
but are reimbursed by the county for expenses incurred in the performance
of their duties.
The county commissioners after consultation with the advisory board,
employ the superintendent and any necessary physicians and other em-
ployees. The commissioners fix the salary of all employees except in coun-
ties with a salary board.
Powers and Duties. The advisory board assists the county commission-
ers in choosing the site for the hospital. After the hospital is established
the board must meet at least once a month, and it is required to visit, and to
keep in close touch with the management of the hospital. The board makes
recommendations and suggestions to the county commissioners for such
changes as it deems advisable.
In cooperation with the advisory board, the county commissioners make
general rules and regulations for the management of the hospital. The
commissioners are empowered to exclude from the use of the hospital any
person who willfully violates any of these rules or regulations. The com-
missioners may also charge and collect from persons admitted to the hos-
pital reasonable compensation for their maintenance, but free treatment
is given those unable to pay. Patients of other counties may be admitted by
the commissioners provided such counties agree to reimburse the county in
which the hospital is located for all necessary charges. The commissioners
are authorized to receive contributions, donations, property, and trust
funds for the erection and maintenance of hospitals.
11 American and Canadian Hospitals, pp. 1029-1107.
TUBERCULOSIS SANATORIUM
453
The advisory board furnishes to the commissioners and the county con-
troller, if any, a yearly schedule of necessary expenses, and the county
commissioners annually make the appropriations. The commissioners levy a
special tax sufficient to procure the moneys appropriated to the hospital.
This tax is collected in the same manner as other county taxes and is
paid into the county treasurer. The advisory board also makes an annual
report to the county commissioners concerning the management and opera-
tion of the hospital.
The hospital authorities are required to send any special information
concerning deaths in the hospital to the State Registrar of Vital Statis-
tics.12 The Federal Narcotic Law, moreover, obligates any person reg-
istered in any internal revenue district, when required to do so by the
collector of the district, to render a statement of the quantity of drugs
received, the names of persons to whom drugs were administered, and
the date.13
Records. There are no specific statutory requirements for the keeping
of records by those in charge of a county tuberculosis hospital. Most of
these hospitals, however, keep extensive records as a matter of convenience.
No two counties keep exactly the same records, but those shown here
cover the chief types of papers which are likely to be found in any county.14
Although most of the records usually date from the establishment of the
hospital, some of them may have been begun later.
MINUTES
Advisory Board Minute Book.
Minutes of meetings of the advisory board of the tuberculosis hospital
make up this record which shows the place and date of each meeting, names
of members who attended, business transacted, and the secretary’s
signature.
ADMISSIONS AND DISCHARGES
Applications for Admission.
In some counties the applications or records of the applications of
prospective patients are kept on file. The information shown on each ap-
12 1915, P.L. 900 sec. 7 am. 1933 P.L. 976 sec. 1 ; 1915 P.L. 900 sec. 17.
13 1914, 38 U. S. Stat. 876.
14 Records of personal statistical particulars relative to inmates of the institution
must be kept on forms or other certificates as directed by the State Registrar of
Vital Statistics, 1915 P.L. 900 sec. 7 am. 1933 P.L. 976; 1915 P.L. 900 sec. 17.
454
COUNTY GOVERNMENT
plication is usually as follows : the name, address, age, marital status,
birthplace, citizenship, and military record of the applicant ; number and
earnings of his dependents ; his financial status and the agreement for pay-
ment ; diagnosis and classification of his condition ; name, address, and
phone number of his nearest relative; by whom he was recommended and
examined ; dates when he was examined, approved, admitted, or refused ;
and signatures of applicant and examining physician.15
Miscellaneous Applications. Title varies: Miscellaneous Admis-
sions.
In some counties there is a separate file containing the applications of per-
sons approved for admission to the sanatorium but who failed to report.
The information contained is the same as that shown in Applications for
Admission.
Rejected Applications.
The applications for admission which have been refused by the applicant
or revoked by the hospital are often kept on file. The information con-
tained is the same as that found in Applications for Admission, but in
addition the reason for revocation is entered on the application.18
Applications for Leave of Absence.
On file here are applications by patients for leaves of absence showing the
date ; patient’s name and case number ; reason for desiring a leave ; release
of responsibility of the hospital ; approval or disapproval ; and signatures
of witnesses, patient, and superintendent of the hospital.
Release Forms.
These are the statements releasing the hospital from responsibility, made
by patients who leave the sanatorium without the doctor’s consent. The
following information is shown : date of release, patient’s name, reason for
leaving, and signatures of witnesses and the patient or a relative.
Record of Admissions and Discharges, usually dates from the estab-
lishment of the tuberculosis hospital in the county. Title
varies : Patient Register ; Sanatorium-Active-Inactive ; Active Cases
(Clinic), Discharge Cases (Clinic).17
A record of all persons admitted to the hospital, clinic, or preventorium
is usually kept. It shows the name and address of patient ; record number ;
15 The exact information found in these applications differs from county to county.
18 Rejected Applications are sometimes found in Applications for Admission.
17 Admissions and Discharges are sometimes recorded separately.
TUBERCULOSIS SANATORIUM
455
dates and hours of admission and discharge ; whether private, semi-private,
or ward patient; name of attending physician; and patient’s credit rating
for hospitalization.18
CASE HISTORIES 19
Patients’ Case Histories. Title varies: General Summaries; Pre-
ventorium-Active; Preventorium General File.
The case histories of ail persons receiving care in the hospital, the pre-
ventorium, or the clinic are usually kept on file. They show the following :
date, case number, name, address, sex, color, age, marital status, occupa-
tion, religion, physical description, citizenship, names and nativity of near-
est relatives, date of admission, and case summary with medical findings
and treatment.
Former Patients’ Case Histories. Title varies : Discharged Cases ;
Deceased Cases ; Preventorium Inactive.
In some counties the case histories of patients who died or were discharged
have been kept separately from those of persons still receiving care. This
information contained is the same as that in Patients’ Case Histories, but
in addition there is noted the date of discharge or the date and circum-
stances of death.
MEDICAL RECORDS 20
Permissions for Operations.
On file here are the permissions of patients’ relatives for necessary opera-
tions, showing date ; type of operation ; patient's name and case number ;
date and signature of witness; and signature, address, and relationship of
person giving permission.
Permission to Administer Artificial Pneumothorax.
The authorizations by relatives to permit administration of artificial
pneumothorax showing date, patient's name, and signatures of relatives
and witnesses.
18 The information here shown is sometimes combined with Applications for Ad-
mission or records of these applications to form a record known as Applications, Ad-
missions, and Discharges.
19 Case histories are sometimes found in Record of Admissions and Discharges. In
some counties case histories of present and former patients are filed together. In
others they are filed separately.
20 Some or all of these medical records may be found with Case Histories or Record
of Admissions and Discharges.
456
COUNTY GOVERNMENT
Permission for Pneumolysis.
Filed here are the authorizations of relatives of patients for the use of
pneumolysis, showing date, patient's name, and signatures of relatives and
witnesses.
X-Ray Films.
These are the developed films of X-ray exposures of various patients,
showing diseased areas, patient's name and address, and case and plate
numbers.
X-ray Reports. Title varies: Dental Reports.21
These are reports of X-ray examinations given to patients. The following
information is given : patient's name, date, case number, findings, and
signature or name of physician.
Weight Records.
A record of the changing weights of patients is often kept. In some coun-
ties a special chart is kept for each patient, showing his name, case number,
height, weight at entrance, normal weight, and weight on various desig-
nated dates. In other counties there is a more generalized weight record,
showing the date of weighing, sex of each patient, amount of increase for
that patient, and total increase for that date.
Patients’ Health Records. Title varies: Personal Histories.
Some hospitals keep special records of the health history of patients, show-
ing patient’s name and case number, dates and records of past illnesses,
and medical history of present illness.
Laboratory Records.
These are the laboratory records of various types of tests taken by patients
in this institution. They show the patient’s name and case number, date
and type of tests taken, and findings.
Respiratory System Records.
Reports of examinations of the respiratory system of patients are some-
times kept separately. The following information is shown : patient’s name
and case number, date of examination, findings, and the examiner’s sig-
nature.
Pneumothorax Records.
This is a record of all pneumothorax treatments given to patients. It shows
the patient’s name and case number, dates and type of treatment, patient’s
condition before and after treatment, and operator’s signature,
21 Reports of dental X-rays are sometimes filed separately,
TUBERCULOSIS SANATORIUM
457
Operative Records.
Records of operations performed in the tuberculosis hospital are often
kept. They show the name of patient ; case number ; date and type of
operation ; pre-operative and post-operative diagnoses ; names of surgeon,
assistants, and nurses ; patient's condition ; anesthetic record ; pathological
findings ; and surgeon’s signature.
Clinical Notes.
In some tuberculosis sanatoria there are kept on file the notations made
by examining physicians, showing the name, case number, and condition
of the patient.
DEATHS
Permission for Autopsies. Title varies: Post-Mortem Forms.
These are the permits given by relatives authorizing the performance of
post-mortem examinations. The following information is given : the date ;
name and case number of patient ; signature of witness ; and signature,
relationship, and address of relative authorizing the autopsy.
Mortician’s Receipts.
These are the receipts of undertakers for the bodies and property of
patients. Each receipt shows the following: the date, patient’s name and
case number, a list of wearing apparel and valuables received, name of
person authorizing removal, and mortician's signature.
Copies of Death Certificates.
Some tuberculosis sanatoria keep a record of death certificates sent to the
State Bureau of Vital Statistics showing the file and register numbers ;
cause and place of death ; name, address, and military record of the de-
ceased ; and the doctor's death certificate.
X-ray (Deceased).
This is a record of the results of X-ray examinations of deceased patients.
It shows dates of examination and X-ray, results and diagnoses, patient’s
name and former address, and name of attending physician.
narcotics 22
Narcotic Orders.
Some tuberculosis sanatoria keep, for government approval, orders for
narcotics purchased by the institution. These orders give the following
22 The law requires that every physician keep a record of all drugs administered,
dispensed, or distributed. These records are to be kept for 2 years from the date
recorded and are open for inspection by the proper authorities, 1917 P.L. 758 sec. 10.
458
COUNTY GOVERNMENT
information : date of order, doctor’s name, from whom purchased, kind
and amount of narcotic desired, and superintendent’s signature.23
Narcotics Received. Title varies: Narcotic Inventory.
A record of narcotics received by the hospital is frequently kept. In some
counties it is in the form of a record book, showing the date, kind, jand
quantity received. In other counties a duplicate of the narcotic inventory
sent to the State is kept. It shows the date, name and address of institu-
tion, kind and quantity of narcotics on hand, notarial seal, and the super-
intendent’s signature.
Narcotics Used. Title varies: Day Book.
This is a record of narcotics administered to patients, showing the date,
patient’s name and case number, and the kind and amount of narcotic used.
SUPPLIES 24
Duplicate Requisitions.
These are copies of requisitions for supplies and materials needed for the
sanatorium. It shows the date, requisition number, name of merchant or
contractor, purpose, and superintendent’s signature.
Stock Records.
This is a record of the materials and stock received and disbursed at the
sanatorium. The following information is found : the date, voucher and
requisition numbers, name of article, quantity, price, amount, and re-
cipient’s name.
PERSONNEL 25
Employees’ Record.
This is an individual card record of present and former employees of the
sanatorium showing date of employment; name, address, and position of
employee; and date of discontinuance of service, resignation, or discharge.
Nurses’ Time Book.
In this book is kept a record of nurses’ work schedules showing name of
nurse, dates of employment and termination of service, name of depart-
ment, hours worked each day, and totals for the month.
23 These orders are not kept by the authorities of every sanatorium.
24 No records of supplies are kept by those in charge of some sanatoria.
26 Personnel records are not found in all county tuberculosis sanatoria.
TUBERCULOSIS SANATORIUM 459
ACCOUNTS 26
Duplicate Receipted Bills. Title varies : Duplicate Receipts ; Voucher
Index.
Duplicate receipted bills for supplies and materials purchased for this insti-
tution, showing the date, name of merchant or contractor, articles pur-
chased, purpose, date of receipt of merchandise, and the voucher number.
Copies of Receipts.
Copies of receipts issued for money paid for the maintenance and care
of patients in the tuberculosis hospital, showing date, receipt number, name
of payer, purpose, and recipient’s signature.
Record of Vouchers Issued.
A special record of vouchers issued for supplies and materials used by
the tuberculosis hospital has been made in some counties. For each voucher
the following information is given: date of issue, voucher number, names
of parties, amount, purpose, name of department, and date of payment.
Record of Money Received. Title varies : Patient Ledger.
In this book is found a record of money paid by patients of the tuber-
culosis hospital. It shows the account number ; patient’s name, address,
and occupation; amount due; date and amount of payments; and monthly
totals.
MISCELLANEOUS
Visitors’ Registration Book.
Some tuberculosis hospitals keep a record of persons visiting patients or
the institution, showing the date of entry and the names and addresses
of visitors.
Annual Reports of the Tuberculosis Sanatorium.
Copies of the annual reports made to the county commissioners,27 giving
the following information : date of report ; summary of ages, sex, civil
condition, former places of residence, occupations, sources of cases, ances-
try, nationality, religions, diagnoses, and complications of patients who
were admitted. It also shows the time spent in the sanatorium, condition
of patients on discharge, hospital days by month and year, balance sheet,
and maintenance statement by the year.
™ Financial records are not kept in every tuberculosis hospital.
87 1929 P.L. 1278 sec. 624.
460
COUNTY GOVERNMENT
Superintendent’s Monthly Reports.
Copies of superintendent's monthly reports showing the date ; number of
patients admitted, discharged, and died; names and classifications of
patients and their diagnoses and complications ; condition and classification
on discharge ; reason for discharge ; and superintendent’s signature.
Monthly Summaries of Patients.
These summaries show the date, number and sex of patients treated during
the month, number of patient days, total medical work accomplished, and
general maintenance report.
Miscellaneous File. Title varies: Payroll-Checks-Applications-Rec-
ommendations-Correspondence for Patients and Employees.
In some tuberculosis hospitals there is a Miscellaneous File which may
include copies of payroll lists, correspondence, and applications and recom-
mendations for employment.
Correspondence.
The authorities in charge of the tuberculosis hospital frequently keep on
file the correspondence of the institution.28
2S In some counties all correspondence is filed together. In other counties there are
separate files of correspondence on particular subjects.
XXXIII
County Engineer
Evolution, Powers, and Duties. In many counties it was customary for
the county commissioners to hire an engineer whenever there was any
special necessity for the services of one. The first legislative sanction for
the appointment of an engineer as a full-time county officer was made in
1876, in a law applying to counties having from 250,000 to 500,000 popu-
lation,1 which at that time included only Allegheny.2 In 1919 the com-
missioners of any county were permitted to name a registered professional
engineer as the county engineer.3 Since that date the office has been estab-
lished rather widely, with a total of 26 counties having an engineer in 1940.
In six of these counties, the elected surveyor has been named engineer.4
Besides possessing the professional requirements, a county engineer
must have been a citizen and an inhabitant of the county for at least a year
before his appointment.5 He serves for a 4-year term,6 but is removed
from office if he violates certain provisions of the law relating to contracts
for public work of the county. These forbidden activities include bidding
on such contracts, receiving a contract for county work, or receiving a
gratuity from anyone interested in a county contract. If he commits any
of these acts he is guilty of a misdemeanor, and, if convicted, he may be
fined and imprisoned.7
The county commissioners decide what sum the engineer shall be paid for
his services.8 The annual compensation of salaried county engineers now
ranges between $900 and $5,000. In a number of counties, this officer re-
ceives no salary but is paid by fees or commission or on a per diem basis.9
1 1876 P.L. 13 sec. 13 am. 1881 P.L. 21 further am. 1887 P.L. 301 further am. 1901
P.L. 641.
‘John A. Smull, Rules and Decisions of the General Assembly of Pennsylvania,
Legislative Directory &c., 1874, pp. 228, 229.
3 1919 P.L. 163 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 166.
4 Pennsylvania Manual, 1939, pp. 954-976.
6 Const., art. XIV, sec. 3.
6 1919 P.L. 163 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 166.
7 1929 P.L. 1278 sec. 565.1 added 1931 P.L. 401 sec. 20.
k 1919 P.L. 163 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 166.
8 Pennsylvania Manual, 1939, pp. 954-976.
461
462
COUNTY GOVERNMENT
The county engineer is obliged to perform any duties concerning county
engineering work which may be prescribed for him by the commissioners.
He must prepare plans, specifications, and estimates of all engineering work
done by the county. On request of the commissioners he furnishes reports,
information, or estimates on any such work.10 The engineer is required
to furnish the Department of Highways with facts which the Department
requests relating to the county highways, such as their mileage, the cost
of building and maintaining them, and their condition and character.* 11
He supervises the connection of branch sewers with main or trunk sewers.12
Whenever the court of quarter sessions receives a petition for the forma-
tion of a sewer district, three viewers are appointed to investigate the
request. The county engineer accompanies them and acts as their artist.13
Records. The engineer keeps whatever records the commissioners re-
quire.14 Since there are no definite records prescribed by statute, those
found in any county will not be exactly like those shown here. In many
counties the engineer has continued to keep records which were started
by other officials. This accounts for the fact that many of the engineer’s
papers date from a period many years before the office of the engineer
was set up in the county.
CONSTRUCTION WORK BY THE COUNTY
Engineer’s Field Books.
These are the engineer’s original field books, showing dates of survey and
entry, location of all county roads or bridges surveyed, station, elevation
fore-shot and back-shot, corrected elevations, and rough field sketches.
Plans and Specifications for County Roads, Bridges, and Buildings.
These are various types of plans for county roads, bridges, and buildings,
showing name and route number of road or bridge ; location, dimensions,
and specifications of road, bridge, or other property ; date of plan or blue-
print ; and names of surveyor, engineer, and county commissioners.
Record of Road Construction by the County. Title varies: Road
Docket.
A record of contracts for the construction and maintenance of roads by the
10 1919 P.L. 163 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 167.
11 1911 P.L. 486 sec. 36.
12 1929 P.L. 1278 sec. 1013.
13 Ibid., sec. 1002.
14 1919 P.L. 163 sec. 2 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 167.
COUNTY ENGINEER
463
county is sometimes kept by the engineer. It usually shows the following :
date of contract; name, location, and description of road; date of approval
of road viewers’ report ; court term and case number ; contractor’s name ;
amount of bid ; date when contract was awarded ; amount of county’s share ;
date paid ; and contract and voucher numbers.
Record of Bridge Construction by County.
This is similar to Record of Road Construction by the County, but it deals
with bridges instead of roads. It shows the number, name, location, type,
dimensions, and condition of bridge; dates of petition and approval by
grand jury and court; names of bidders and amounts of their respective
bids ; name of contractor and contract price ; and whether bridge is State
or county-owned.
Record of Appropriations for Roads and Bridges. Title varies:
Record of Bridge Construction and Repairs.
In some counties the engineer has kept a record of appropriations made
for road and bridge work. It shows the amount and date of each appro-
priation and the location of the road or bridge on which work was done.
County Bridges.
This is a record of all county bridges, showing the name, number, location,
types, size, and condition of each bridge.
Miscellaneous
Miscellaneous Maps.
Various maps are frequently found in the engineer’s office. A few are
printed maps prepared by other agencies, but most of them are hand drawn
maps made by the engineer himself. Many of them show all State, county,
and municipal roads and bridges within the county, and various topo-
graphical data. Others show merely the boundaries of various political
divisions of the county. The maps of Pennsylvania are usually printed
maps which show the location of roads, municipalities, and various physical
features. The Right of Way Maps show plans of rights of way along
certain highways.
XXXIV
County Surveyor
Evolution and Structural Organization. The systematizing of grants of
land was a major problem of both the proprietary and early Common-
wealth governments. To meet this problem the English governors and
William Penn and his heirs adopted a system of granting lands by warrant
and survey under the supervision of a Surveyor General whom they ap-
pointed. He, in turn, appointed deputy surveyors in each county to assist
him.1 The act establishing a land office in 1781 retained, as far as possible
the proprietary arrangement since it was familiar to the people.2
The act of 1781 gave the first legislative sanction to the office of Surveyor
General, but the office was abolished by the Constitution of 1874 and its
functions turned over to the Secretary of Internal Affairs.3 The appointive
office of deputy surveyor remained in existence until 1850, when it was
abolished and replaced by the elective office of county surveyor.4
The county surveyor is required to be a citizen and a resident of the
county for at least a year prior to his installation in office,5 and he must
moreover, be a practical surveyor.6 During his tenure he may not serve
as a member of Congress or hold any office or appointment under the
government of the United States.7 In addition, the surveyor may nol
serve as a member of council of any city, borough, or town, or as c
school director.8
Originally elected for a term of 3 years,9 the tenure of the surveyor ha;
been extended to 4 years since 1909. 10 He may be removed for cause b)
1 Sergeant, op. cit., pp. 20-36. See also Samuel Hazard, Annals of Pennsylvania
from the Discovery of the Delaware, 1609-1682, pp. 418, 461.
2 1781, 1 Sm.L. 529 secs. 2, 3; 1843 P.L. 324 sec. 5.
3 Const., art. IV, sec. 19. See also 1850 P.L. 135 sec. 4.
‘ 1850 P.L. 434 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 160; 1929 P.L
1278 sec. 51 am. 1931 P.L. 401 sec. 1 ; Const., art. XIV, sec. 1.
5 Const., art. XIV, sec. 3.
6 1850 P.L. 434 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen in sec. 160.
7 1929 P.L. 1278 sec. 52.
8 Ibid.
“ 1850 P.L. 434 sec. 5 rep. 1929 P.L. 1278 sec. 1051.
10 Const., art. XIV, sec. 2 as am. 1909; 1929 P.L. 1278 secs. 51, 160.
464
COUNTY SURVEYOR
465
the court of quarter sessions,11 which also fills vacancies.12 The surveyor
takes an oath which is filed in the prothonotary’s office,13 and files a bond
in an amount which is approved by the court of common pleas. The cus-
tody of the bond belongs to the county controller, or, if in a county which
has not established the office of controller, to the county commissioners.14
The surveyor may not execute any of the duties of his office until he has
received his commission from the Governor and delivered it to the recorder
of deeds, who records it at the expense of the surveyor.15
Powers and Duties. The duties of the deputy surveyor which the county
surveyor inherited1*5 include surveying pursuant to warrant, lands to which
patents had not yet been issued.17 The deputy surveyor was required to
enter these surveys in a survey book,18 and to make an annual report to
the Surveyor General of the amount of land surveyed upon each warrant.19
He made returns of unseated lands in order to provide the county com-
missioners with the information necessary for levying and collecting taxes.20
He was permitted to administer an oath or affirmation to the persons em-
ployed as chain carriers.21
The county surveyor receives from the Secretary of Internal Affairs
special lists of warrantee names of unpatented tracts for which he ascer-
tains the names and residences of the owners and the location of the tracts,
and gives personal notice in writing to these owners that their tract is
unpatented. Unless the arrears are paid within 6 months of sending this
notice the Board of Property may direct proceedings, commenced by the
Attorney General, to enforce payment.22 The county surveyor must send
a written report in duplicate within 3 months to the Secretary of Internal
Affairs23 giving the information obtained concerning these warrantees.24
11 1850 P.L. 434 sec. 8 rep. 1929 P.L. 1278 sec. 1051 but reen. sec. 162.
1850 P.L. 434 sec. 9 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 161.
13 1850 P.L. 434 sec. 7 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 53 ; Const., art.
XIV, sec. 1.
11 1929 P.L. 1278 sec. 54 am. 1933 P.L. 946 No. 182.
15 1929 P.L. 177 sec. 809; 1929 P.L. 1278 sec. 55.
10 1850 P.L. 434 secs. 5, 10; Const., art. XIV, sec. 1.
17 1781, 1 Sm.L. 529 sec. 5; 1782, 2 Sm.L. 13 sec. 5.
18 1785, 2 Sm.L. 317 sec. 7; 1792, 3 Sm.L. 70 sec. 5.
10 1785, 2 Sm.L. 317 sec. 10; 1792, 3 Sm.L. 70 sec. 7.
20 1804 P.L. 517, 4 Sm.L. 201 sec. 1.
21 1803 P.L. 668, 4 Sm.L. 100 sec. 1.
22 1872 P.L. 51 sec. 2.
23 Up to 1874 these reports were sent to the Surveyor General, 1872 P.L. 51 sec. 3.
24 1872 P.L. 51 sec. 3.
466
COUNTY GOVERNMENT
A copy of these lists is filed in the prothonotary’s office. Upon request by
the owner, the surveyor must make a survey of any unpatented tract of
land and return it to the Secretary of Internal Affairs.25 All records con-
cerning any land within a given county are now kept in the office of the
Department of Internal Affairs at Harrisburg where anyone may examine
them upon payment of a fee.26
Records. There are no legal requirements for the keeping of records by
the county surveyor. Therefore, the papers found in the surveyor’s office
are those which he has kept merely as a matter of convenience. For this
reason the records actually kept by this officer vary greatly from county to
county. In some counties there are no records ; in others a few scattered
ones are found ; and in a few counties the surveyor’s office contains nearly
all of the records shown here.
Applications for Land Grants, dates vary but are usually very
early in the history of the county. Title varies : Applications ; Sur-
veyor’s Drafts, Notes, and Applications for Land Grants; Miscel-
laneous Plans of Warrants.
These applications for grants of land contain the following information:
date of application ; name and address of owner ; location and acreage
desired ; rent or amount to be paid, with interest ; signature of Surveyor
General ; and the date when land was granted.
Original Land Grants, dates vary but are usually very early in the
history of the county.
In a few counties some original land grants are still found in the surveyor’s
office. The information contained in these grants is as follows : name and
address of warrantee, location and description of land, amount to be paid,
date of grant, and signatures of Secretary of the Land Office and Surveyor
General.
Certified Copies of Land Grants. Title varies: Certificate from
Land Office.
These are certified copies of original land grants showing name of war-
rantee, description and location of land, date of grant, warrant number,
date issued, and official seals and signatures.
25 1872 P.L. 51 sec. 4.
aa 1929 P.L. 177 sec. 1203.
COUNTY SURVEYOR
467
Original Drafts and Surveys. Title varies: Surveyor’s Drafts,
Notes, and Applications for Land Grants ; Sundry Notes and Mis-
cellaneous Papers.27
These are the original drafts and surveys of land located in the county or
in a particular locality of the county. These show the date, plan outline,
name of owner, acreage, location of land, bearings, surveyor’s signature,
and the draft number.
Recorded Copies of Drafts and Surveys. Title varies :28 Plans
Original Warrants.
Recorded copies of drafts and surveys of land in the county are often
found in the surveyor’s office. The following information is given : the
date; draft number; names of township and property owners; a plan out-
line of the property with measurements, directions, and appurtenances ;
and name of the surveyor.
Index to Recorded Copies of Drafts and Surveys.
In some counties a common index has been made which covers the various
volumes in which drafts and surveys have been recorded. It shows the
name of warrantee or property owner and the volume and page reference.
Land Warrants with Surveys Not Filed.
This is a special record of the land warrants for which surveys were
not filed. It shows name of warrantee, date and number of warrant, loca-
tion and description of property, and amounts due and paid.
Record of Drafts Filed. Title varies : Draft Book.
In some counties the surveyor has kept a record of land drafts filed. It
usually shows the names of present and former owners of the land, names
of adjoining property owners, location and description of property, dates
of purchase of the land and the sale of any portion of it, date surveyed,
and surveyor’s name.
Record of Surveyor’s Reports.
Some county surveyors have made a record of their reports on various
surveys. The information given is usually as follows: the date; nature
27 In some counties all the drafts and surveys for one particular township or other
subdivision of the county are placed together and the title of each file is merely the
name of the township.
28 In some cases the surveys made by one or more county surveyors are recorded in
a separate volume, titled by the surveyor’s name.
468
COUNTY GOVERNMENT
of the survey ; location, dimensions, descriptions, boundaries, and diagrams
of land surveyed ; and name of person requesting the survey.
Report of Unpatented Lands. Title varies: Unseated Lands.
In some cases the surveyor has kept duplicate copies of the reports which
he- makes to his superior in Harrisburg of unseated lands which are not
patented.29 These reports relate to the owners of such lands to whom
notices of delinquency have been served. They show the number and date
of the grant: name of the warrantee; amount of land applied for and
retained, but unpatented: location of the property; amount paid; balance;
interest ; total due ; names of owners, agents, and occupant ; and date and
manner of service.30
Warrantee Map.
Sometimes warrantee maps, showing all or a portion of the county, are
kept in the surveyor’s office. These give name of each warrantee; locations,
dimensions, and boundaries of each tract ; and signatures of the Surveyor
General with State seal.
Miscellaneous Maps.
One or more maps, originals or copies, are occasionally kept by the sur-
veyor. They may show all or part of the county and original tracts, names
of property owners and settlements, numbers of tracts, roads, public build-
ings, churches, mills, cemeteries, and dates.
Miscellaneous Papers. Title varies: Drafts and Miscellaneous
Papers ; Miscellaneous Calculations ; Road Docket.
These papers may consist of papers pertaining to roads, property, war-
rants, applications for survey, and surveyor’s calculations. The informa-
tion given is usually as follows : paper number, date, names of parties, loca-
tion and description of property, date and character of paper, and official
seals and signatures.
29 1872 P.L. 51 sec. 3.
80 Since the surveyor is not required to keep copies of these reports, they are not
found in every county.
XXXV
Board of Viewers
Evolution and Structural Organization. The first 1; w authorizing the
appointment of viewers in Pennsylvania, an act of 1685 provided that the
county courts select persons to inspect boundary fences, determine whether
they were strong enough, and decide what portion of their cost should be
borne by each adjoining landowner.1 In 1842, however, these and similar
duties become functions of the townships alone,2 and the present-day board
of viewers has developed from the road viewers, first provided for in 1699.
The law of 1699 placed all the King’s highways or public roads under
the control of the Governor and his Council, but gave the county authority
over the private roads which connected with the main thoroughfares. When
any landowner petitioned the county court for the construction of a road
or cartway from his property to a main highway, the court appointed “six
housekeepers” of the vicinity to view the location. If four of them agreed
that a road was needed and could be conveniently built, they planned it in
whatever width, within the legal limits, the court considered advisable.
Thereupon they made a written report to the next session of court. If the
judges confirmed it, the road was constructed.3 An act of 1700 stipulated
that a road should not go through improved lands unless absolutely neces-
sary. But if this had to be done the court appointed “six indifferent men”
to view the land and decide the value of the property taken. These damages
were paid to the property owner by the county.4 After 1785 the same pro-
cedure was used for vacating roads which the petitioners considered no
longer necessary.5
The road law of 1802 repealed all former road and bridge laws6 and
placed both public and private roads under county control. This act, with a
number of supplements, set up a definite procedure for the conduct of
1 Laws of the Assembly, 1683, in Charier to William Penn, pp. 136, 233 ; Laws of the
Assembly, 1685, in Charter to William Penn, pp. 178, 179, ch. CLXXXIV; 1700, II
St. at L. 70.
2 1842 P.L. 62 sec. 1.
3 Laws of the Assembly, 1699, in Charter to William Penn, p. 285 sec. 6; 1700, II
St. at L. 68 sec. 1 ; 1735-36, IV St. at L. 296 sec. 1.
4 1700, II St. at L. 68 sec. 2; 1735-36, IV St. at L. 296 sec. 2.
6 1785, XI St. at L. 415 sec. 1.
6 1802, XVII St. at L. 151 sec. 25.
469
470
COUNTY GOVERNMENT
road viewers. Whenever the court of quarter sessions was petitioned to
grant a view for a public or private road, it appointed “six discreet and
respectable freeholders of the neighborhood” to view the ground proposed.
If four of them agreed that a road should be built they prepared a favorable
report for the court, accompanying it with a draft of the proposed road,
so planned as to be most satisfactory to the petitioners, yet built over the
most suitable terrain and covering the shortest distance. If the judges
confirmed the report, the county built the road.7 A similar procedure was
followed in deciding whether private roads should be built and maintained
by the petitioner,8 in vacating roads,9 and in determining whether the
county should build a bridge which one or more townships considered too
expensive for them alone to construct.10
Whenever a property owner claimed damages for the building of a road
through his land, the court of quarter sessions appointed six viewers to
determine the amount which the county should pay him. On this occasion
the viewers were obliged to balance against the damages the advantages
brought to the property by the road.* 11 Before meeting to assess damages,
each viewer took an oath before a judge or a justice of the peace that he
would perform this duty fairly.12 After 1815 all viewers had to take such
an oath13 and after 1818 any one of the viewers was permitted to administer
the oath to the others.14
Although the general road law of 1836 repealed all former road and
bridge laws,16 it embodied within its provisions many of those of the act of
1802. Moreover, a great part of the law of 1836 is still in effect. It re-
quired that six viewers be appointed by the court of quarter sessions when-
ever any one petitioned the court for a road.18 The procedure to be fol-
7 1802, XVII St. at L. 151, sec. 1. supp. 1809, 5 Sm.L. 53 sec. 1 further supp. 1829
P.L. 114.
8 1802, XVII St. at L. 151 sec. 17.
* Ibid., sec. 38 supp. 1815, 6 Sm.L. 242; 1846 P.L. 416; 1854 P.L. 645.
10 1802, XVII St. at L. 151 sec. 21 supp. 1815, 6 Sm.L. 252 secs. 1, 2; 1903 P.L.
164 rep. 1917 P.L. 840 sec. 1500; 1929 P.L. 1278 sec. 751 am. 1931 P.L. 401 sec. 1;
1929 P.L. 1278 sec. 752.
11 1802, XVII St at L. 151 sec. 14.
12 1809, 5 Sm.L. 53 sec. 2.
13 1815, 6 Sm.L. 252 sec. 3.
14 1818, 7 Sm.L. 124 sec. 1 ; 1836 P.L. 551 sec. 53; 1929 P.L. 1278 sec. 175.
16 1836 P.L. 551 sec. 83.
16 Ibid., sec. 1 am. 1911 P.L. 95. The amendment reduced the number of viewers to
three; 1889 P.L. 129 No. 143 set the number of road and bridge viewers appointed to
assess damages at three except in counties with conflicting road laws.
BOARD OF VIEWERS
471
lowed by the viewers is exactly the same as that provided for in the act of
1802 and its supplements. The law contains an additional stipulation, how-
ever, that anyone dissatisfied with a viewers’ report may, before the next
term of court, petition the court for a second view.17
A rather different system was inaugurated in 1845 by a special law which
applied to Butler, Allegheny, Luzerne, Lycoming, and Clinton counties.
The number of road and bridge viewers in these counties has thereafter
been limited to three, one of whom may be a surveyor. Every view or review
must be made by all three viewers, and the report concurred in by two of
them. In every case the viewers or reviewers are obliged to give public
notice of the contemplated route of the road and of the time and place of
view. If the viewers decide in favor of locating a road, they try to procure
releases for damage claims from the adjoining landowners. When they
cannot get releases, they assess the damages and make a report to the court
of quarter sessions. If the court is satisfied, it confirms the report.18 The
terms of this act, in some cases with slight modifications, were gradually
extended to 34 other counties, Washington, Mercer, and Fayette,19 West-
moreland and Beaver,20 Franklin,21 Greene and Clearfield,22 Monroe,23
Mifflin,24 Beaver, Butler, and Lawrence,25 Bedford,28 Fulton and Cumber-
land,27 Potter and Elk,28 Berks,29 Bucks,30 Chester and Lancaster,31 Mont-
gomery,32 Adams and Perry,33 Armstrong,34 York,35 Lehigh,36 Schuylkill,37
17 1836 P.L. 551 sec. 25.
18 1845 P.L. 52.
18 1843 P.L. 177; 1844 P.L. 137 sec. 2; 1859 P.L. 309.
20 1844 P.L. 137.
21 1854 P.L. 204.
22 1844 P.L. 570 sec. 10.
23 1850 P.L. 395.
24 1852 P.L. 488.
25 1854 P.L. 62.
23 1855 P.L. 189.
27 1855 P.L. 223.
23 1855 P.L. 240.
28 1856 P.L. 454.
30 1857 P.L. 335.
31 1857 P.L. 338.
82 1859 P.L. 139.
83 1859 P.L. 508.
34 1860 P.L. 53.
88 1860 P.L. 61 ; 1861 P.L. 84.
83 1860 P.L. 76.
87 1860 P.L. 105.
472
COUNTY GOVERNMENT
Lycoming and Indiana,38 Dauphin, 39 Pike,40 and Lebanon.41 An entirely
different system was used in Erie4- and Bradford43 counties.
Meanwhile the counties began to use viewers for other purposes. The
court of quarter sessions appointed them to decide whether private under-
ground roads might be built to mines,44 whether the county should take
over toll bridges45 or built guard rails for township bridges,48 and whether
the county should build a bridge to be maintained by the township in which
it was situated.47 The same system is used when petitions request the taking
over of turnpikes by the county48 and the connecting of city, borough, or
first-class township sewers with those of an adjoining municipality.49 In
all of these instances viewers not only determine the advisability of granting
the petition, but decide the amount of damages to be granted to affected
landowners.
In a number of cases, provisions were made that viewers be appointed
by the court of common pleas rather than the court of quarter sessions.
The number of viewers varied but the duties were almost the same in each
situation. But since viewers were appointed by the court of common pleas,
they made their reports to that court. Those viewers appointed by the court
of quarter sessions are usually concerned with roads, bridges, and other
thoroughfares, but those named by the court of common pleas deal primarily
with eminent domain proceedings. Viewers selected by the latter court
assess damages incurred when land is purchased by the county50 or con-
88 1860 P.L. 144 rep. as to Lycoming 1905 P.L. 75.
88 1860 P.L. 586.
“ 1860 P.L. 610.
41 1872 P.L. 413.
42 1846 P.L. 175; 1857 P.L. 205.
“ 1852 P.L. 622; 1857 P.L. 204.
“ 1838 P.L. 537 secs. 19, 20; 1857 P.L. 296; 1897 P.L. 213 am. 1901 P.L. 259 No.
166; 1911 P.L. 167 sec. 2; 1911 P.L. 756 art. XII sec. 1.
“ 1876 P.L. 131 am. 1878 P.L. 41 further am. 1911 P.L. 91 sec. 1.
“ 1878 P.L. 150. No. 190 rep. 1929 P.L. 1278 sec. 1051.
" 1879 P.L. 146 am. 1887 P.L. 267 further am. 1903 P.L. 74 further am. 1911 P.L.
970 rep. 1929 P.L. 1278 sec. 1051.
48 1885 P.L. 170 supp. 1887 P.L. 306 rep. 1929 P.L. 1278 sec. 1051 but reen. as am.
in secs. 941-44.
“1901 P.L. 668 No. 338 rep. as to twps. 1917 P.L. 840 sec. 1500, rep. as to
boros. 1915 P.L. 312 ch. XIII art. I. sec. 1.
“ 1883 P.L. 58 sec. 1 am. 1911 P.L. 1039 further am. 1921 P.L. 271 rep. 1929 P.L.
1278 sec. 1051 but reen. in sec. 518 am. 1931 P.L. 401 sec. 1 and in secs. 519-524.
BOARD OF VIEWERS
473
demnecl for use by a railroad51 or a ship canal.52 The court of common
pleas also appoints viewers to award damages to persons whose property is
taken by a third-class city,53 a township,54 or a borough,55 and to decide upon
outlets for anthracite mines,56 establish disputed boundary lines between
municipalities,57 view property which the State wishes to take over,58 and
assess benefits secured from flood control work.59
Until 1911 the designated court appointed viewers from the entire popu-
lation of the county whenever they were needed. But a law of that year
established a permanent board of viewers from the members of which all
viewers are selected.60 The group of viewers named for any particular
case is known as a board of view. In every county the board of viewers
consists of from three to nine members, the exact number determined by
the court of common pleas, the agency which appoints the board.61 At any
time the judges may change, within the legal limits, the number of mem-
bers. One-third of the members of each board may be surveyors or mem-
bers of the bar.02 Every member must be at least 25 years of age, a free-
holder, and a qualified elector of the county who is “engaged in no other
public employment of profit.” 63 A viewer’s position is vacant as soon as
61 1849 P.L. 79 sec. 11 ; 1906 P.L. 523 sec. 8.
62 1895 P.L. 221 sec. 11.
“ 1889 P.L. 277 art. XIV sec. 1 sup. 1913 P.L. 568 art. XIV secs. 1, 2; 1891 P.L.
75 am. 1893 P.L. 459; 1893 P.L. 139; 1895 P.L. 349 sec. 2 am. 1897 P.L. 273; 1909
P.L. 69; 1913 P.L. 423 sec. 1 ; 1913 P.L. 568 No. 367 art. XIV. secs. 1-4. All of these
acts were rep. 1931 P.L. 932 sec. 4701 but reen. in secs. 2819-2832; 1931 P.L. 932 sec.
2842 am. 1939 P.L. 28. Some of these acts referred to boros, and twps. but were rep.
^nd the provisions incorporated into the general boro, and twp. acts.
54 1931 P.L. 1206 secs. 1920-1952; 1933 P.L. 103 secs. 1020-1053.
06 1915 P.L. 312 ch. VI art. II sec. 1, ch. VI art. XVIII secs. 5-23 rep. 1927
P.L. 519 sec. 3301 but reen. in secs. 1420-145 2.
58 1891 P.L. 176 art. IV sec. 2.
61 1893 P.L. 284 sec. 2 rep. as to boros. 1915 P.L. 312 ch. XIII, rep. as to twps. 1917
P.L. 840 sec. 1500.
69 1919 P.L. 976 sec. 3; 1921 P.L. 984 sec. 2 am. 1935 P.L. 1049.
“ 1936 (Sp. Sess.) P.L. 95.
00 1911 P.L. 1123 (secs. 1-4 rep. 1931 P.L. 401 sec. 26) ; 1929 P.L. 1278 secs. 171-173
am. 1931 P.L. 401 sec. 1 ; 1929 P.L. 1278 secs. 174-176.
81 1911 P.L. 1123 sec. 2 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278 sec. 173 am. 1931
P.L. 401 sec. 1.
82 1911 P.L. 1123 sec. 1 am. 1929 P.L. 867 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278
sec. 171 am. 1931 P.L. 401 sec. 1.
“ 1911 P.L. 1123 sec. 1 am. 1929 P.L. 867 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278
sec. 172 am. 1931 P.L. 401 sec. 1
474
COUNTY GOVERNMENT
he moves from the county or ceases to possess any of the qualifications.
The court of common pleas may determine summarily any facts which
bring about a vacancy.64
The members of the board of viewers hold office for a term of 3 years
from the date of their appointment, whether it is to fill a vacancy or to take
up a new term. They may be reappointed for any number of times and
may be dismissed by the court of common pleas for any reason.65 All
members of boards of view, before performing their duties, must take an
oath that they will do so impartially and to the best of their judgment.
This oath is administered by any justice of the peace of the county or by
one of their members. The compensation of viewers is fixed by law and
consists of a certain sum for each day actually spent in performing their
duties as viewers, ranging from $7.50 a day in seventh- and eighth-class
counties to $12 in third- and fourth-class counties. The total annual
remuneration of a viewer in a third-class county may not exceed $2,000.
Each viewer also receives mileage at the rate set by law.08
Whenever a petition is presented to any court asking for the appointment
of viewers for any of the purposes for which they are used, that court
designates a board of view of three members of the county board of view-
ers. One member of each board must be learned in the law.67 When a
road or bridge is on the county line, each county selects three viewers.68
Powers arid Duties. The law of 1911 did not repeal any prior laws
except insofar as they were inconsistent with its terms.69 The powers and
duties of boards of view are generally set forth in each act dealing with a
situation for which viewers are appointed. But since their duties usually
consist of determining whether an improvement is to be made70 or awarding
damages and assessing benefits in eminent domain proceedings, a good
understanding of their activities can be secured from the road law of
04 1911 P.L. 1123 sec. 3 am. 1913 P.L. 386 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278
sec. 174.
“ 1836 P.L. 551 sec. 53.
66 1929 P.L. 1278 sec. 171 am. 1931 P.L. 401 sec. 1.
67 1911 P.L. 1123 sec. 5.
"1811, 5 Sm.L. 251 sup. 1836 P.L. 551 secs. 26, 34 rep. 1929 P.L. 1278 sec. 1051
but reen. in secs. 936, 937.
69 1911 P.L. 1123 sec. 12.
70 The county commissioners and the court of quarter sessions may decide upon the
opening, vacating, and repairing of county roads without calling up viewers, 1895
P.L. 336 am. 1905 P.L. 290 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 871-875.
BOARD OF VIEWERS
475
1836 and the provisions concerning eminent domain in the General County
Law. The latter are so similar to those in the general township, borough,
and third-class city laws that it is necessary only to realize that the boards
of view perform almost identical duties when cities, townships, boroughs,
or counties enter into eminent domain proceedings.
When viewers are summoned to determine whether a road or bridge is
to be built, repaired, or abandoned they meet at the proposed location.71
In all counties not under special laws they must give the county commis-
sioners 6 days’ notice of the time and place of their meetings. Failure to
do this and to attach an attested copy of the notice to their report is suffi-
cient to set aside the whole proceedings.72 In the 39 counties to which the
law of 1845 has been extended the viewers must give public notice of
their proposed meetings.73 If they decide that a road should be built, they
plan it and make a report to the next term of the court of quarter sessions,
stating who was present at the view, whether each viewer took the oath,
and whether the road is to be a public or private one. Annexed to this
report is a plot showing the course of the road and the property through
which it is to pass.74 If the court approves, it decides how wide the road
shall be.75 Three viewers, with the county engineer as artist, have similar
powers in planning main or trunk sewers and sewage disposal plants.78
In the counties under special lav/s, the viewers attempt to obtain releases
for damages from the affected landowners. If they are not successful in
doing this, they proceed to assess the damages.77 In the other counties
those who claim damages at first had to petition the court of quarter
sessions within a year, and a new board of view was appointed to assess
them.78 Since 1874, however, the original viewers either procure releases
or assess the damages at the time of making the view. Viewers are also
authorized to allocate the cost of widening and altering roads between
the various municipalities in which they are situated.79 Whenever the
county commssioners can agree with property owners as to the amount
of damages sustained through road work, the formality of a view may be
71 1836 P.L. 551 sec. 2.
”1899 P.L. 26 sec. 1.
73 1845 P.L. 52.
71 1836 P.L. 551 secs. 2, 3.
76 Ibid., secs. 4, 5, 12; 1901 P.L. 573.
78 1929 P.L. 1278 secs. 1002, 1006.
77 1845 P.L. 52 secs. 3, 4.
78 1836 P.L. 551 secs. 7, 16.
78 1874 P.L. 164 sec. 1 rep. as to county roads and bridges 1929 P.L. 1278 sec. 1051.
476
COUNTY GOVERNMENT
dispensed with if the court approves and if the total amount of damages
does not exceed $300. 80 Appeals from viewer’s reports on road damages
are made to the court of common pleas within 30 days.81
The duties of the board of viewers in eminent domain proceedings are
similar to those in assessing road damages. When the county takes over
private property and cannot agree with the owner as to the amount to be
paid for it, the court of common pleas appoints three members of the
board of viewers. Ten days’ public notice of their meeting is given by
the viewers, a majority of whom must attend all proceedings and concur
in all decisions.82 At the meeting they hear all witnesses and interested
persons. Afterwards they prepare a schedule of damages and give notice
to everyone concerned of a day when they will meet to exhibit the schedule
and hear exceptions.83
The entire board of viewers prepares hearing or trial lists under the
direction of the court. The hearings are held publicly. Whenever the
board considers it desirable, stenographic reports of hearings are kept, and
copies are furnished to all interested parties. With the permission of the
county commissioners the board may employ stenographers and clerical
assistants.84 The number and compensation of these assistants is fixed by
the salary board or by the county commissioners in counties without a
salary board.85
After making any necessary changes, the board of view makes a report
to the court of common pleas showing all damages and benefits and con-
taining a plan of the contemplated improvement. Public notice of the filing
of the report is given and any exceptions to it must be received within 30
days. If no exceptions are filed, the court confirms the report. If excep-
tions are made, the case goes to the court of common pleas. Further ap-
peals are taken to the Supreme Court or the Superior Court.86
80 1903 P.L. 137 No. 99 am. 1907 P.L. 372.
81 1929 P.L. 1278 sec. 877.
82 1891 P.L. 116 No. 102 sec. 1 rep. as to boros. 1915 P.L. 312 ch. XIII art. I, sec.
1. but reen. in ch. VI art. II secs. 17-20 rep. 1927 P.L. 519 sec. 3301 but reen. in
secs. 1435, 1615 am. 1931 P.L. 386 sec. 21.
83 1929 PL. 1278 sec. 518 am. 1931 P.L. 401 sec. 1.
84 1929 P.L. 1278 secs. 523-4.
80 1911 P.L. 1123 secs. 6-8; 1929 P.L. 1278 sec. 176.
88 1911 P.L. 1123 sec. 10; 1915 P.L. 483; 1929 P.L. 1278 secs. 526, 532-534; 1939
P.L. 441 No. 251.
BOARD OF VIEWERS
477
At the conclusion of the work of any board of view, it must file in the
court which appointed it a report of all its findings and of all damages
awarded and benefits assessed. A plan is enclosed which shows all prop-
erties affected. Every report must be concurred in and signed by at least
two viewers. In case of the failure of a board of view to secure the con-
currence of two members, it informs the court of that fact and a new
board of view is appointed to consider the case.87
Records. There are no requirements that records be kept by the board
of viewers, and except as noted below, records are seldom found in their
office. The papers concerning the work of any specific board of view are
usually found in the court which appointed that board.
Reports of Hearings, 1911 — .
Stenographic reports of hearings before boards of view, showing the hear-
ing date ; names of viewers, parties, and witnesses ; matters brought before
the board ; and the final decision.88
87 1911 P.L. 1123 sec. 9.
88 1911 P.L. 1123 secs. 6-8; 1929 P.L. 1278 sec. 176. Since the keeping of these
reports is not compulsory, they are not found in every county.
XXXVI
County Planning Commission
Evolution, Powers, and Duties. The first provisions for the establish-
ment of a county planning commission were made in 1923, but they ap-
plied only to second-class counties.1 It was not until 1937 that the com-
missioners of any county were permitted to establish such an agency.2
Unofficial planning commissions, acting on a county-wide scope, had
existed in Berks and Monroe counties, however, prior to the passage of
the act of 1937.3 But as late as 1940 no county had set up an official plan-
ning commission.4 5
The planning commission consists of nine members, appointed by the
county commissioners for a term of 6 years, with three members replaced
every 2 years. If the county has within its borders one or more third-class
cities, four members must be residents of the cities, and the remainder are
from the boroughs and townships of the county. Every member of the
commission must have knowledge and experience in either finance, com-
merce, industry, agriculture, transportation, architecture, landscape archi-
tecture, real estate, building, engineering, social welfare, civic administra-
tion, or law. Any three members make up a quorum. Vacancies are filled
by the county commissioners for the balance of the unexpired term. No
one receives any compensation for serving on a county planning commis-
sion. The county commissioners are permitted to help set up joint county
planning commissions and may cooperate in the formation of regional
planning commissions.6
Whenever the county commissioners make any resolutions concerning the
location of any public building in the county or relating to the location or
improvement of any bridge, road, tunnel, park, playground, or other public
grounds or to the vacation or alteration of county roads, a copy of the
resolution is sent to the planning commission which is given 20 days in
which to consider it. The commission then makes a report on the proposed
1 1923 P.L. 131 supp. 1925 P.L. 114 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs.
501-506.
3 1929 P.L. 1278 secs. 501-506 am. 1937 P.L. 2124.
3 Pennsylvania Planning, vol. I No. 3 (July 1937), pp. 10, 11; ibid., vol. II No. 3
(January 1938), pp. 18, 19; ibid., vol. IV No. 3 (January 1939), p. 29.
4 None has been reported in Pennsylvania Planning, July 1937-August 1940.
5 1929 P.L. 1278 secs. 507.2-507.4 added 1937 P.L. 2124.
478
PLANNING COMMISSION
479
resolution, after which the county commissioners are free to adopt the
resolution. The reports of the planning commission are open to the public
and the county commissioners must furnish a copy of them to any news-
paper which requests it.
The commission must approve of all plans of public roads and of sub-
divisions of land for building purposes before such plans may be recorded.
The only exceptions to this requirement are plans of roads and lands lo-
cated within a city or borough. Before city or borough authorities author-
ize any such plans within their municipality, however, approval must be
given by the county planning commission.6 The commission may have
maps prepared of the county and all territory extending 3 miles beyond
its limits. These maps, which are given to the county commissioners, and
which may be published, show the roads and other public improvements
already mentioned and the locations proposed by the commission for the
construction of similar improvements in the future.
This agency is permitted to make any rules and regulations for its own
organization and procedure which are consistent with the resolutions of
the county commissioners and the laws of the State. In addition it may
make recommendations concerning matters within the scope of its activi-
ties. The commission may appear before the court of quarter sessions and
produce testimony in any proceedings relating to the opening or vacating
of any public road, bridge, tunnel, subway, or underground road.
Engineers and other necessary employees may be appointed by the com-
mission. Their compensation, like the other expenses of the planning com-
mission, is paid by the county. If the county commissioners so decide, this
agency may be given, in addition to its own powers and duties, those con-
ferred by law upon the county zoning commission. The planning com-
mission must make an annual report to the county commissioners concern-
ing its transactions and recommendations during the preceding year.
Records. The maps and plans generally kept by the planning commission
are described below.
Maps and Plans, dates from the establishment of the planning
commission in the county.
On file in the office of the county planning commission is a copy of every
map or plan prepared by an authorized local planning board within the
county. When amendments to these maps or plans are adopted, they too
must be placed on file here.7
• 1929 P.L. 1278 sec. 507.1 added 1937 P.L. 2124.
7 1929 P.L. 1278 sec. 507 added 1937 P.L. 2124.
XXXVII
Zoning Commission and board of
Zoning adjustment
Structural Organization. In 1937 the county commissioners of any
county were given authority to make zoning ordinances applicable to any
portion of the county which lies outside of cities, boroughs, and first-class
townships. These ordinances may regulate the location, height, bulk, and
size of buildings, the size of open spaces, the density and distribution of
population, and the uses of land and buildings.1 If the county wishes to
assume this control over zoning, it must establish a zoning commission
and a board of zoning adjustment. Two or more counties may set up a
joint zoning commission and a single board of zoning adjustment. As late
as 1940 no county had adopted this system of county zoning.2
The board of county commissioners appoints the zoning commission and
fixes its membership at either three, five, or seven members. If the county
has already set up a county planning commission, this body may be re-
quired to act as the zoning commission as well. There are no specified
qualifications for membership on a zoning commission. The members may
serve in either private or ex officio capacity, but the majority of them may
hold no elective public office. The county commissioners make provisions
for the filling of vacancies and for the removal of members for miscon-
duct or nonperformance of duty. Members receive no salary, but are re-
imbursed for the expenses incurred in their official capacity.
The board of zoning adjustment consists of from three to five members
who are appointed in a manner determined by the county commissioners.
No more than half the members may also belong to the zoning commission.
The board of county commissioners fixes the term of office of the members,
but the term of at least one member must expire each year. Any member
may be removed for cause by the county commissioners upon written
charges and after a public hearing. Vacancies are filled for the unexpired
portion of the term by the same agency which makes the original appoint-
ments. The county commissioners are permitted to appoint associate mem-
1 1929 P.L. 1278 secs. 410, 510.1-510.20 added 1937 P.L. 2129.
2 See : Pennsylvania Planning, vols. I-VI.
480
ZONING COMMISSION
481
bers of the board of adjustment, and when a regular member is prevented
from serving at any particular time, an associate is designated to take his
place during such temporary absence. The members of the board of
zoning adjustment are paid on a per diem basis, at a rate fixed by the
county commissioners who also make rules, not inconsistent with the law,
to govern the organization, procedure, and jurisdiction of the board. The
county commissioners also appropriate money and accept gifts to finance
the work of these two agencies.
Powers and Duties. The zoning commission must prepare for the county
commissioners one or more zoning plans. These plans, which consist of
maps and proposed zoning ordinances, represent the recommendations of
the commission for the regulation by districts or zones of the various mat-
ters which county zoning ordinances may cover. When any such tentative
plan is read)7, the commission must hold at least one public hearing on
each plan. Notice of such hearings must be published in advance. In con-
nection with these hearings the commission is empowered to summon
witnesses, administer oaths, and compel the giving of testimony. Before
the commission adopts and certifies a tentative plan to the county commis-
sioners, the zoning commission must submit it to the State Planning Board,
the approval of which is presumed unless suggestions and criticisms are
returned to the commission within 45 days. No further hearing and no
additional submission to the Planning Board is required due to changes
made by the zoning commission based on developments at the hearing or
recommendations of the Planning Board.
When the plan is adopted by the zoning commission, it is certified to
the county commissioners, who hold a public hearing before adopting any
final ordinances. Public notice of hearing is given, and the text and maps
as certified by the zoning commission may be examined by any interested
persons. The commissioners are also permitted to hold consultive hearings
and referenda to aid them in determining whether to adopt the recom-
mended ordinances. No change may be made in the plan submitted by
the zoning commission until the commission has had 30 days in which to
make a report, showing its approval, disapproval, or suggestions. This
report, however, has no more than an advisory effect and in no way binds
the county commissioners.
After the above-mentioned procedure has been followed, the county com-
missioners divide into zones those portions of the county which lie outside
the limits of cities, boroughs, and first-class townships. Thereupon they
adopt ordinances regulating within the zones those matters on which the
482
COUNTY GOVERNMENT
county is permitted by law to make zoning ordinances. These ordinances
may at any future date be amended by the county commissioners after
submission for advice, suggestions, and approval to the zoning commission
and the State Planning Board. Moreover, a public hearing is also held
before amendments are adopted. The county commissioners use their
own discretion, however, as to whether or not the suggestions and findings
secured as a result of these actions shall be followed.
The county zoning commission must make use of the advice and informa-
tion furnished by those State and Federal officials, departments, and
agencies which are qualified to have expert knowledge of the matters with
which the commission is concerned. All State officials are obliged to make
available for the use of the commission any material, advice, and technical
information which they possess. The commission may employ such trained
personnel as the funds allotted to it will permit. The zoning commission
of any county may cooperate with that of any other county and with the
authorities of any municipality either within or without the county for
the purpose of coordinating the zoning of the county with the zoning or
planning of other governmental units. In addition the zoning commission
is authorized to appoint any necessary committees and adopt rules for the
conduct of its officers.
When the county makes an ordinance restricting the use of land or
buildings within a given zone, all land or buildings which, at the time of
the ordinance, are not conforming to the regulations may continue to be
used in the same manner. These are known as nonconforming uses, and
the county commissioners may provide for this termination within a given
period. As soon as a zoning ordinance is adopted, the zoning commission
prepares and publishes a list of all nonconforming uses and occupations.
After approval of this list by the county commissioners, one copy of it is
filed with the recorder of deeds, and a second copy is kept by the county
commissioners’ clerk. Both lists are corrected annually according to the
directions of the county commissioners. Original zoning ordinances are
filed with the commissioners’ clerk and certified copies are kept and indexed
by the recorder of deeds.
The board of zoning adjustment meets whenever the chairman summons
it and whenever specified by the rules laid down by the county commis-
sioners or the board itself. All meetings are open to the public and the
chairman or acting chairman may administer oaths and compel the attend-
ance of witnesses.
ZONING COMMISSION
483
The county commissioners may authorize the board of adjustment to
interpret zoning maps and pass upon disputed questions of lot lines and
the boundary lines zones. Any zoning ordinance may provide that, under
stipulated circumstances, the board of adjustment may make special excep-
tions to the terms of the ordinance.
The chief duty of the board of adjustment, however, is to hear appeals
from any person aggrieved by his inability to obtain a building permit or
by any decision of an officer or agency which relates to the administration
or enforcement of a zoning ordinance. Appeals may also be taken by any
county official or agency. The board of adjustment is also empowered to
hear and determine appeals in which the appellant alleges that there is
error in any decision or action of an official or agency or where an excep-
tion or interpretation is requested. Four members of a five-member board
and all members of a three-member board must concur in order to reach
a decision in favor of the appellant.
Records. The records of the board of adjustment must be kept in its
office and are open to the public.3
Minute Book, Board of Zoning Adjustment, dates from the setting
up of this board in the county.
A record of all meetings and official actions of the board of zoning adjust-
ment, showing date of meeting, names of all members present, names of
absent members, business transacted, decisions of the board, including the
vote of every member and the names of those failing to vote, and the
secretary’s signature.4
3 Other papers and records pertaining to county zoning are found in the offices
of the county commissioners and the recorder of deeds.
4 1929 P.L. 1278 sec. 510.10 added 1937 P.L. 2129.
XXXVIII
Park and Recreation Boards
Structural Organization. The county commissioners of any county have
been authorized since 1919 to “designate and set apart as parks, parkways,
bridle paths, foot paths, playgrounds, playfields, gymnasiums, public baths,
swimming pools or indoor recreation centers, any lands or buildings owned
by such county and not dedicated or devoted to other public use.” The
commissioners may vest the authority to supervise, build, and maintain
such recreational projects in any existing body or board, or in a park
board, or recreation board, as they may determine.1 If the county com-
missioners decide that this power is to be exercised by a park board or
recreation board, they may establish either one of these, which then pos-
sesses all the stated powers and is subject to all the responsibilities of the
county commissioners. At present there are park boards in Delaware and
Montgomery counties and a recreation board in Berks County.
The recreation board or park board consists of not less than five persons.
The members are appointed by the county commissioners to serve 5-year
terms or until successors are appointed. Vacancies are filled in the same
manner as original appointments. Members receive no compensation for
their services on the board.
Functions and Records. The members of the board elect a chairman and
secretary and all other necessary officers, with the approval of the county
commissioners to serve for a period of 1 year.
Any county may, jointly with any other county, acquire property for
and operate and maintain these recreational centers.
The county commissioners may issue bonds for the purpose of acquiring
the necessary lands or buildings. All expenses incurred in the operation of
such projects is payable from the county treasury. The commissioners are
authorized to make an annual appropriation raised through taxation not
to exceed 2 mills on the dollar of the assessed value of taxable property
in the county, to maintain and operate such recreation centers.2
1 1919 P.L. 784 No. 322 sec. 1 am. 1921 P.L. 484 sec. 1 am. 1927 P.L. 56 sec. 1
rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 650-656 am. 1935 P.L. 46.
2 1919 P.L. 784 No. 322 sec. 7 am. 1921 P.L. 484 sec. 6 am. 1927 P.L. 56 sec. 7 rep.
1929 P.L. 1278 sec. 1051 but reen. in sec. 656 am. 1935 P.L. 46 sec. 3.
484
PARK BOARDS
485
Neither of these boards is required by statute to keep records. Records
are usually kept by these agencies, however, as a matter of convenience.
PARK BOARDS
Park Board Minute Book, may date from the establishment of the
park board.
This is a record of the meetings of the park board, showing date and place
of each meeting, names of members present, business transacted and work
reports, and secretary’s signature.
Park Plans.
Plans and surveys of parks and proposed park developments and improve-
ments are sometimes kept on file. They show the name of the township and
the numbers of sections.
Field Inspection Reports.
This is the report of a survey made of land in the county adjoining
creeks. The following information is shown : location and description of
the land, character and type of vegetation, names and addresses of owners,
section number, and name of the creek.
RECREATION BOARD
Minutes, County Recreation Board, dates from the establishment of
the recreation board in the county.
This is a record of meetings of the recreation board, showing date and
place of meeting, names of members present, business transacted, date of
next meeting, and signature of secretary.
Application for Positions.
Applications for positions as county playground leaders. They contain the
following information: date; name, address, age, marital status, physical
description, education, religion, occupation, experience, and monthly salary
of applicant; subjects he has taught; and names, addresses, and occupa-
tions of references.
Rating Reports.
Reports to determine the efficiency of playground leaders, showing the
date, names of playground and leaders, the various subjects with teachers’
ratings on each, and signature of person making report.
486
COUNTY GOVERNMENT
Leaders’ Reactions to Summer Playground Suggestions.
A record of county playground leaders’ reaction to the suggestions of
the recreation board in connection with playground activities, showing the
date and questions regarding suggestions.
Applications to Join League.
On hie here are applications for enrollment in the county recreation athletic
league. The information given includes the date, names of league and
team applying, manager’s name and address, whether the team applying is
a new one or one already established, the queries regarding rules and regu-
lations of the league.
Winter Sports Program.
The programs of winter sports activities sponsored by the recreation board
are kept on file here.
Scrap Books of Plaj'ground Activities.
The recreation board may arrange in scrapbooks, newspaper clippings re-
lating to general and specific county playground activities. These clippings
usually show the date, name and location of the playground where activity
took place, pictures, names of persons and teams participating, and results
of competitions.
Photographs of Playground Activities.
Collections of photographs of various playground activities are frequently
kept by the recreation board. Some of these photographs show general play-
ground activities and give the name of the playground where each photo-
graph was taken. Others show the athletic teams which participated and
the champions of various sports.
Lists of Athletic Champions.
In this volume are listed the champions in various athletic activities spon-
sored by the county recreation board. The information given includes the
date, activity, class, and the champion’s name.
XXXIX
Mosquito Extermination Commission
Evolution and Structural Organisation. Citizens of a county may peti-
tion the county commissioners to establish a county mosquito extermination
commission, and if the number of petitioners is equal to at least 10 per cent
of the highest vote cast for any office at the last preceding general or mu-
nicipal election, the commissioners must submit the question to the voters.
If a majority vote in favor of its establishment, the commissioners appoint
a mosquito extermination commission consisting of five members.1 Very
few Pennsylvania counties have set up such a commission.
The members of the commission serve for a 5-year term. Any vacancies
which may occur are filled by the county commissioners for the unexpired
term. Members serve without compensation.
Powers and Duties. The commission is authorized to appoint a secretary
and to employ such other necessary officers and employees as the county
commissioners may approve. The duties of these appointees are prescribed,
with the approbation of the county commissioners, by the commission.
In addition, the commission, acting as an agency of the county under
the authority of the county commissioners, is empowered to eliminate all
breeding places of mosquitoes on private or public property in the county.
Moreover, the commissioners may enter private or public property, and
perform any other acts necessary for the successful extermination of mos-
quitoes and their breeding places in the county. Whenever water in which
mosquito larvae breed exists in any lands in the county the commission
writes the owners to abate the same within a stated period and in a specified
manner. If at the expiration of such period, this order has not been com-
plied with, the commission must at once abate the nuisance. The commis-
sion may neither authorize nor employ any method of extermination
which will in any manner affect a public water supply.
The commissioners are empowered to make an annual appropriation of
an amount agreed upon by themselves and the mosquito extermination
commission. This amount in any year is not to exceed *4 mill on each
dollar of the assessed value of taxable real estate in the county. Payments
1 1935 P.L. 641, the only legislation on this office, is the source for the discussion
which follows.
487
488
COUNTY GOVERNMENT
are made from these appropriations by the county treasurer on the orders
of the county commissioners.
The county commissioners must provide a suitable office where the
maps, records, and accounts of the commission are to be kept.
Records. The mosquito extermination commission is not required by
law to keep any records. A number of them are usually kept, however,
at a matter of convenience.2 They are open to public inspection at all
times, subject only to such reasonable regulations as the commission may
establish.3
minutes
Minute Book, Mosquito Extermination Commission.
This is a record of the meeting of the commission, showing date, time and
place of meeting; business transacted; and the secretary’s signature.
REPORTS4
Supervisor’s Daily Reports.
The supervisor's daily reports of drainage and oiling projects. The fol-
lowing information is shown : the date, supervisor’s name, weather and
wind conditions, total number of employees working, total hours of work
for each, locality where drainage and oiling work was done, dimensions
of drainage units and type of work done, name of truck driver doing oiling
work, and number of gallons of oil used.
Daily Oiling Report. Title varies: Daily Truck Record.
This is the inspector’s daily report of mosquito breeding places oiled. It
shows the date; names of inspector, municipality, and district; number of
breeding places oiled, and number found dry; number of trucks used,
mileage of each at beginning and end of day, and total miles operated for
the day ; and the amount of gasoline, oil, and grease used.
2 Most of these records date from the year when the mosquito extermination com-
mission was established in the county. All of them will not be found in the office
of every mosquito extermination commission.
3 1935 P.L. 641 sec. 3.
4 All of these types of reports are not made in every county with a mosquito exter-
mination commission. In some counties the only reports on file are the general ones
made at certain intervals to the county commissioners. These reports are fuller than
the Reports to County Commissioners shown here and contain much of the data
found in the other types of reports which are explained here.
MOSQUITO EXTERMINATION COMMISSION
489
Daily Drainage Report.
The foreman’s daily reports of drainage work done make up this record.
Each report shows the date, name of municipality, area number, weather
and wind conditions, number of men working, foreman’s name, summary of
the day’s work and the work planned for the next day, remarks, and in-
formation for the entomologist.
Weekly Inspection Report.
These are the weekly reports of inspections for mosquito breeding places.
They usually give the following information : the date of report ; name
of municipality; weather conditions; names of the inspector and the
streets bordering the area ; total number of properties visited, and whether
they are industrial, residential, or vacant ; types of breeding and potential
breeding places ; and the number of each found.
Inspectors’ Reports.
These are the reports made relating to inspection for mosquito breeding
places. They show the date ; name of owner, resident, or agent ; address
of each property visited; list of breeding places; remarks; and inspector’s
signature.
Trap Record.
A record of the catch of traps, showing trap number, location of each trap,
the date, and analysis of contents of each trap as to species and sex.5
Reports to County Commissioners. Title varies : Monthly Statement.
Copies of the monthly reports of the mosquito extermination commission
are filed here. These reports show the itemized receipts and expenditures
of the commission during the preceding month, a discussion of the work
accomplished during the month and of work planned for the future, and
the secretary’s signature.
MISCELLANEOUS
Local Area Maps.
These are the sectional blueprints used by foremen to illustrate the
progress of work done, showing the district, area, and code numbers.
Photographs.
The commission sometimes keeps on file for study and comparison photo-
graphs of areas, drainage, traps, and river and creek courses.
5 The facts here shown are used for study and comparison as to weather, seasons,
and area.
XL
Sealer of Weights and Measures
Evolution and Structural Organization. The original standards of
weights and measures in Pennsylvania, introduced in 1676, were those of
the King in accordance with the standards for the Exchequer.1 The high
constable of each riding was to furnish at the public charge sealed and
uniform standards. He also saw to it that the constable and overseers of
every town provided like weights and measures.2 A colonial statute of
1700 required that standards be provided at the charge of each county,
and that the custody of the standards reside with a county officer appointed
for this purpose.3 The Constitution of the United States authorizes Con-
gress to establish uniform standards of weights and measures,4 but until
Congress so acted the States were free to enact their own laws.6 In 1834
the Pennsylvania legislature, therefore, saw fit to establish standards of
weights and measures for the Commonwealth,® with the provision that if
Congress should at some time thereafter set up standards, those of Penn-
sylvania would be made to conform thereto.7 When Congress in 1836
enacted legislation to set up standards,3 those in Pennsylvania were adjusted
to meet the Federal requirements. Copies of the standards are trans-
mitted to the county inspectors of weights and measures of each county
having such an office, at the county’s expense.9 The Department of Internal
Affairs has custody of the State’s standards of weights and measures.10
The inspection of weights and measures was at first entrusted to officers
appointed specifically for that purpose in each town.11 After 1700 a sealer
1 Charter to William Penn, pp. 73, 75, 116, 140, 209.
2 Ibid., p. 51.
8 1700, 1 Sm.L. 18 sec. 1 supp. 1834 P.L. 524 and reen. in 1845 P.L. 443 sec. 5 rep.
1883 P.L. 6 No. 5.
* U. S. Const., art. I, sec. 8.
5 Weaver v. Fegely and Brother, 29 Pa. 27 (1857).
6 1834 P.L. 524 secs. 1-7.
7 Ibid., sec. 8.
8 1836, 5 U. S. Stat. 133.
9 1911 P.L. 275 sec. 2 am. 1913 P.L. 960 sec. 2 am. 1917 P.L. 799 sec. 1 am. 1929
P.L. 1757 sec. 1.
10 1929 P.L. 177 sec. 1206.
11 Charter to William Penn, p. 51.
490
SEALER OF WEIGHTS AND MEASURES
491
was appointed for each of the counties,12 but since many counties found
the office burdensome, it was abolished therein by special acts.13 An act
of 1877 revived the office in those counties which had no sealer,14 but a
general act passed 6 years later abolished the office in all counties.15 The
office of sealer was not re-established until an act of 1895 authorized the
board of county commissioners to appoint inspectors in cities of the first
and second class.16 Sixteen years later the boards of county commissioners
were empowered to appoint one or more persons as county inspectors of
weights and measures,17 and two counties are permitted to combine to
have one set of standards and one inspector.18
There have never been any specific qualifications required of the sealer.
The Duke of York’s laws specified that he be a “fitt man,” 10 while today
he must be a “competent person.” 20
Originally sealers were appointed by constables and overseers of each
town.21 After 1700 they were appointed by the Provincial Governor with
the advice of the council.22 The act of 1845 authorized the Governor of
the Commonwealth to appoint sealers in each county which applied for
the standards,23 and this practice was continued by the act of 1877.24
The constitution forbids the continuance or creation of any State office
12 1700 1 Sm.L. 18 sec. 1 ; 1845 P.L. 443 sec. 5.
13 1845 P.L. 524 rep. as it relates to York County by the act of 1858 P.L. 44 No.
58; 1845 P.L. 443 rep. as it relates to Montgomery County by the act of 1859 P.L.
198 sec. 1 but its provisions again extended thereto by the act of 1867 P.L. 233 ; 1845
P.L. 443 rep. as it relates to Dauphin County by the act of 1859 P.L. 198 sec. 1 but
its provisions re-extended thereto by the act of 1872 P.L. 121 rep. 1883 P.L. 6 No. 5;
1845 P.L. 524 rep. as it relates to Berks, Bucks, Franklin, Lancaster, Lehigh, and
Westmoreland Counties by the Act of 1859 P.L. 198 sec. 1 rep. 1883 P.L. 6 No. 5;
office of sealer abolished in Cumberland, Clearfield, and Perry Counties by the act of
1859 P.L. 633 No. 625 ; 1845 P.L. 524 rep. as it relates to Adams, Cumberland, Perry,
Lebanon, and Washington Counties by act of 1860 P.L. 511 No. 417 rep. 1883 P.L.
6 No. 5.
14 1877 P.L. 52 No. 50.
16 1883 P.L. 6 No. 5 sec. 1.
16 1895 P.L. 386 sec. 1 sup. 1911 P.L. 275 sec. 1.
17 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.
18 Ibid.
18 Charter to William Penn, p. 51.
20 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.
21 Charter to William Penn, p. 51.
22 1700, 1 Sm.L. 18 sec. 1 sup. 1834 P.L. 524.
23 1845 P.L. 443 sec. 5 rep. 1883 P.L. 6 No. 5.
24 1877 P.L. 52 No. 50 rep. 1883 P.L. 6 No. 5.
492
COUNTY GOVERNMENT
established for the inspection of, or measuring of any merchandise, manu-
facture, or commodity,23 but any county or city is authorized to appoint
such officers when the law so permits, so the sealer is now appointed by
the board of county commissioners.28
The Duke of York’s laws provided that after the sealers were appointed,
they were to be presented by the town constable and overseers to the
next court of sessions to be sworn to the faithful discharge of their duties.27
No oath is required of sealers at the present time.28
Sealers of weights and measures served for an indefinite term until
1845 when their tenure was set at 3 years.29 The act of 1895 established
a 4-year term for city inspectors,30 but at the present time all inspectors
hold office during good behavior.31
Sealers received fees as compensation for their services32 until 1895
when inspectors in cities of the first and second classes were to receive a
monthly salary, the amount to be fixed by the commissioners and to be
paid out of the county treasury33 Today county and city inspectors of
weights and measures are to receive a minimum annual salary of $1,000
paid out of the respective revenues of the county or city. This minimum
salary payment is, however, not applicable to counties having a population
of 15,000 or less. In addition to the salary provided by law, inspectors
are entitled to receive any expenses they may incur in the performance of
their duties.34
Powers and Duties. The Duke of York’s laws empowered sealers to
send forth their warrants by the constable to all inhabitants of their re-
25 Const., art. Ill, sec. 27.
20 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.
27 Charter to William Penn, p. 51.
“Dll P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.
29 1845 P.L. 443 sec. 5 rep. 1883 P.L. 6 No. 5.
30 1895 P.L. 386 sec. 1 sup. 1911 P.L. 275 sec. 1.
31 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1. That
portion of the amendment of 1913 which says inspectors cannot be removed except
for cause violates the State Constitution, art. VI, sec. 4. Act of 1913 P.L. 960 sec.
1 held unconstitutional in Comm. v. Hoyte, 254 Pa. 45 (1916) and in Comm. v. Leary,
63 Super. 434 (1915). This provision remains virtually unchanged, however, in
1917 P.L. 1102 sec. 1.
32 Charter to William Penn, p. 51; 1700, 1 Sm.L. 18 sec. 1; 1845 P.L. 443 sec. 6
rep. 1883 P.L. 6 No. 5 ; 1878 P.L. 130 rep. in 1883 P.L. 6 No. 5 and in 1927 P.L.
164 No. 131.
33 1895 P.L. 386 sec. 1 sup. 1911 P.L. 275 sec. 1.
34 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.
SEALER OF WEIGHTS AND MEASURES
493
spective towns, to bring in all such weights and measures as were used,
once every year at such time and place as they appointed and then fit
these weights and measures to the standard, and mark with their town
mark. Any weights and measures which could not be adjusted were de-
faced or destroyed by the sealers.35 The act of 1700 also required sealers
each year to try the weights and measures. They did this in cooperation
with the grand jury or with such persons as the county courts designated
as their assistants. All defective weights and measures were subject to
seizure.36 In 1845 the sealer was still to make yearly inspections, and
ah beams, scales, weights, and measures which he had adjusted were sealed
by him with his initials and the date.37 Today the sealer visits not more
than four times a year every place where measures, scales, and weights,
including instruments and devices for weighing at coal mines, are used or
sold to inspect, regulate, and adjust them.38 He may destroy any devices
which cannot be adjusted and seal all those which are found to comply
with the regulations. If at some future time thereafter, these devices are
found to be defective the inspector may prohibit their use.39
The commodity sales act prohibits the sale of dry commodities by liquid
measure ; sales of liquid commodities by dry measure ; using a bottomless
measure or one not marked as to capacity; sales of enumerated com-
modities by the bushel without specifying the weight ; or misrepresenting
sales.40 This prescribed manner for the sale of commodities is enforced
by the inspector of weights and measures,41 who may begin prosecution
upon the discovery of an offender.42
The inspector in the performance of his duties may enter any premises
without a warrant and may halt any vendor or vehicle on any public
highway and condemn or seize any illegal device used or intended to be
35 Charter to William Penn, p. 51.
33 1700, 1 Sm.L. 18 sec. 1.
87 1845 P.L. 443 sec. 6 rep. 1883 P.L. 6 No. 5.
89 1911 P.L. 275 sec. 2 am. 1913 P.L. 960 sec. 2 am. 1917 P.L. 799 sec. 1 am. 1929
P.L. 1757 sec. 1.
39 1921 PL. 389 sec. 13.
40 1913 P.L. 965 sec. 4 am. 1915 P.L. 531 sec. 1 am. 1929 P.L. 1259 sec. 1; 1913
P.L. 965 sec. 6 am. 1915 P.L. 280 sec. 1 am. 1921 P.L. 253 sec. 1 am. 1923 P.L. 278
sec. 1 am. 1925 P.L. 325 sec. 1 am. 1931 P.L. 105 sec. 1.
41 1913 P.L. 965 sec. 9.
“Ibid., 1921 P.L. 389 sec. 15.
494
COUNTY GOVERNMENT
used for weighing. The device so seized may be destroyed unless otherwise
ordered by the court, after the determination of the prosecution.43
The inspector must send complete monthly reports to the Department
of Internal Affairs.44
Records. The inspector of weights and measures is not required by law
to keep records, and records are rarely found in this office. In any county
where records are kept by this officer, they will probably be one or more
of the following:
Certificates of Inspection.
These are certificates of inspection of sealed, adjusted, or condemned
weights and measures. They show number, date, type of business, owner’s
name and address, date of inspection, condition of the device, adjustments
made, and signature of the sealer or his deputy.
Copies of Monthly Reports. Title varies: Sealer of Weights and
Measures.
These are duplicates of reports sent to the State Bureau of Standards45
of weighing and measuring devices used by dealers. The following infor-
mation is found in these reports: date; name and address of dealer; type
of business; number of devices adjusted, condemned, confiscated, sealed,
and approved ; and the name of inspector.46
Correspondence. Title varies : Letters and Supplies.
This is the miscellaneous official correspondence of this office.
13 1911 P.L. 275 sec. 2 am. 1913 P.L. 960 sec. 2 am. 1917 P.L. 799 sec. 1 am. 1929
P.L. 1757 sec. 1.
44 Ibid.
15 Ibid.
49 Since the sealer of weights and measures is not required to retain copies of these
reports they are not found in every county. In some counties they may be found in
the commissioners’ office.
XLI
County Superintendent of Schools
Evolution and Structural Organization. Free public schooling in Penn-
sylvania did not become an actuality until the nineteenth century, even
though the principles of such a system were incorporated in the laws as
far back as the provincial period. Thus, William Penn, believing that the
poor as well as the rich were entitled to an education,1 had provided in
his Frame of the Government that the Governor and the Provincial Council
should “erect and order all public schools.” 2 The realization of a plan for
general public education was, however, then difficult of attainment because
of the “difference in language, church affiliations, and national sympathies,
and the exigencies of pioneer life.” 3 Parents therefore provided such
education for their children as they could. Church schools presided over
by the local minister were established in the larger communities, and in
less populous areas there were several types of schools, of which the most
common was the “pay” or subscription school.4 Most of the early school-
houses were oblong, one-room, log buildings. A few were built in an
octagonal form and called “eight square” schoolhouses. The great majority
of schoolhouses were poorly lighted and heated and crudely built.5 Their
few books were printed in the language of the section, usually English or
German.6
The Constitution of 1790 stipulated that the legislature provide for the
establishment throughout the State of schools in which the poor might
be taught free of charge.7 In 1831 the legislature established by law a
general system of education,8 while 3 years later the Free School Act
1 Charter to William Penn, pp. 95, 157, 251.
J Ibid., pp. 142, 238.
8 Schools in Pennsylvania, p. 9.
''Ibid., p. 10. More detailed information may be found in A. S. Buffington and
others, Pennsylvania Report of the Superintendent of Public Instruction for 1877, and
James P. Wickersham, A History of Education in Pennsylvania.
6 Schools in Pennsylvania, pp. 10, 11.
6 Ibid ., p. 11.
7 Const, of 1790, art. VII, secs. 1, 2.
8 1831 P.L. 385 sec. 1 ; McCadden, op. cit., p. 109.
495
496
COUNTY GOVERNMENT
established school districts throughout the State for the instruction of
all children within its limits.0
From the time of the passage of the Free School Act9 10 until 1857 the
public schools were administered by the Secretary of the Commonwealth,
who acted as Superintendent of Common Schools. An act of 1857 sepa-
rated these functions into two offices, and placed the superintendent in
charge of the newly created Department of Education,11 now the Depart-
ment of Public Instruction.12 The Superintendent is appointed by the
Governor with the advice and consent of the State Senate for a term of
4 years.13
This State supervision was of necessity supplemented by provisions for
local control of schools, and in 1843 the appointment of an inspector of
schools in each district was authorized by law.14 County schools were,
however, without a real executive officer until the act of 1854 provided for
the election of a county superintendent by the school directors for a term
of 3 years.15
The act of 1911 classified school districts into four groups according
to population and limited the jurisdiction of the county superintendent to
those of certain classes. A district superintendent must be elected by the
board of school directors in every district of the first and second classes
and one may be chosen in districts of the third class. Those third-class
districts which do not elect a district superintendent and all fourth-class
districts are supervised by the county superintendent.16
The county superintendent now is elected every 4 years by a majority
vote of the board of school directors who meet in convention at the county
seat for this purpose,17 and he receives his commission from the Super-
intendent of Public Instruction.18 Fie must be a person of good moral
character.19 In addition, he is required to hold a diploma from a college
9 1834 P.L. 170 sec. 1 supp. 1835 P.L. 365 rep. 1911 P.L. 309.
111 1834 P.L. 170 rep. 1911 P.L. 309.
11 1857 P.L. 263 rep. 1911 P.L. 309.
'"Const., art. IV, secs. 1, 20; 1911 P.L. 309 sec. 1001.
13 Const., art. IV, sec. 8 as am. 1909.
14 1843 P.L. 191 sec. 3 rep. 1911 P.L. 309.
10 1854 P.L. 617 sec. 37 rep. 1911 P.L. 309.
10 1911 P.L. 309 art. I, secs. 102-105; 1911 P.L. 309 sec. 1133 am. 1939 P.L. 491
sec. 5.
17 1911 P.L. 309 sec. 1105 am. 1923 P.L. 349 No. 222 sec. 1.
18 1911 P.L. 309 secs. 1010, 1111; 1929 P.L. 177 sec. 1302(f).
19 1911 P.L. 309 sec. 1102 am. 1931 P.L. 243 sec. 21 am. 1937 P.L. 2592 sec. 2.
SCHOOL SUPERINTENDENT
497
or other institution approved by the State Council of Education; he must
have had 6 years of successful teaching experience, of which at least 3 years
must have been in a supervisory or administrative capacity ; and a graduate
course in education. If he is serving either as county, district, assistant
county or district superintendent at the time of his election, that alone
is held to be sufficient qualification for the office.20
Any county superintendent may be removed by the Superintendent of
Public Instruction at any time for cause. He is entitled to a hearing
before he is removed.21 Vacancies in this office are filled for the unexpired
term by the Superintendent of Public Instruction, who considers any
recommendations made by the county board of school directors.22
The minimum salary of all county superintendents is fixed by law, and
paid by the State.23 Appropriate school officials may vote the superin-
tendent additional remuneration.24
The superintendent is required to take an oath of office which is filed in
the office of the Superintendent of Public Instruction.25
The county commissioners provide office space at the county seat for the
use of the county superintendent and his assistants. The county also fur-
nishes storage room for the safekeeping of the papers pertaining to this
office In addition, the commissioners provide all necessary stationery,
printing, blanks, and postage, except for that used in connection with the
annual county teachers’ institutes.26 Moreover, in each county the super-
intendent may be provided, at the expense of the county, with a tele-
phone, a typewriter, and a stenographer. The stenographer may be era
ployed by the year in counties having more than 300 public school teach-
ers, and if there are fewer than 300 teachers, one may be employed for
20 1911 P.L. 309 sec. 1103 am. 1921 P.L. 328 sec. 2 am. 1931 P.L. 243 sec. 22.
211911 P.L. 309 sec. 1119.
22 Ibid., secs. 1011, 1120.
23 1878 P.L. 33 sec. 1 am. 1893 P.L. 121 am. 1901 P.L. 262 rep. 1911 P.L. 309; 1911
P.L. 309 sec. 1121 am. 1915 P.L. 193 sec. 1 am. 1917 P.L. 737 sec. 1 am. 1919 P.L.
300 sec. 1; 1911 P.L. 309 sec. 1210 (8) added 1919 P.L. 910 sec. 1 am. 1921 P.L.
328 am. 1923 P.L. 328 sec. 1 (8) am. 1929 P.L. 1587 No. 488 sec. 1 ; 1933 P.L. 1072
secs. 1, 4.
24 1911 P.L. 309 sec. 1121 am. 1915 P.L. 193 sec. 1 am. 1917 P.L. 737 sec. 1 am.
1919 P.L. 300 sec. 1 ; 1911 P.L. 309 sec. 1210 (9) added 1919 P.L. 910 sec. 1 am.
1921 P.L. 328 sec. 1 am. 1923 P.L. 328 sec. 1 (9) ; 1933 P.L. 1072 secs. 1, 4.
25 1911 P.L. 309 sec. 1146.
-“Ibid,, sec. 1125 am. 1913 P.L. 129 sec. 1.
498
COUNTY GOVERNMENT
2 days a week, or the equivalent of such time, during the year.27 The super-
intendent may choose his stenographer, whose compensation is fixed by
the superintendent and the county commissioners together.28
The county superintendent may nominate from one to five assistants,
the number depending on how many teachers he supervises,29 to the
county board of school directors.30 In addition, in each county with 550 or
more teachers under his supervision, a supervisor of special education is
appointed and, if there are fewer than this number of teachers, there is
appointed a joint supervisor of special education who serves in two or
three counties.31
Powers and Duties. The county superintendent may engage in the pro-
fession of teaching if he does so without additional compensation. He may,
however, be paid for his services in a summer school maintained in a State
Teachers College or any other college or university devoted to the training
of teachers.32
The county superintendents of several counties inaugurated after 1854
the practice of calling the teachers to assemble to receive instructions in
the science and art of teaching. Special acts were passed for these counties
authorizing the superintendent to call institute meetings and to draw funds
from the county treasury to defray expenses of teachers’ county institutes.33
The first general legislative provision for these institutes was made in
186734 while the present meetings were provided for in 1911. 35 Each year
the county superintendent must call the teachers to assemble for 2 days
or their equivalent for a teachers’ meeting. He may also invite members
of the teaching and supervisory staffs of other districts and of institutions
of learning within the county to attend such meetings. He exercises gen-
27 1915 P.L. 706 No. 323 sec. 1 am. 1927 P.L. 463 No. 296 sec. 1.
28 1915 P.L. 706 No. 323 sec. 2.
20 1911 P.L. 309 sec. 1126 am. 1921 P.L. 1078 sec. 1 reen. 1933 P.L. 1072 sec. 3
and am. 1937 P.L. 2592 sec. 3.
80 1911 P.L. 309 sec. 1127 am. 1937 P.L. 2592 sec. 4.
31 1911 P.L. 309 sec. 1126 am. 1921 P.L. 1078 sec. 1 reen. 1933 P.L. 1072 sec. 3 and
am. 1937 P.L. 2592 sec. 3.
32 1893 P.L. 24 rep. 1911 P.L. 309; 1911 P.L. 309 sec. 1145 am. 1921 P.L. 1038 sec.
3; 1911 P.L. 309 sec. 1147.
33 1865 P.L. 360; 1872 P.L. 428 No. 398 supp. 1873 P.L. 867 No. 151 sup. 1887
P.L. 20 rep. 1911 P.L. 309.
81 1867 P.L. 51 sec. 2 rep. 1911 P.L. 309.
88 1911 P.L. 309 secs. 2101, 2102 am. 1933 P.L. 1152 sec. 12 am. 1935 P.L. 1204
sec. 1.
SCHOOL SUPERINTENDENT
499
eral management over the institute, secures the desired speakers, and incurs
any necessary expenses.36 He presents a sworn statement of expenses in-
curred to the county treasurer at the conclusion of the meeting,37 and
within 30 days after the closing of a teachers’ meeting he prepares an
itemized account of all of the receipts and disbursements in connection
therewith, and submits it, properly sworn to, together with the proper
vouchers, to the two auditors38 who are elected at the first teachers’ meet-
ing in the school year.39 The superintendent, moreover, reports to the
Department of Public Instruction, on blanks furnished by it, the number
of teachers attending, the names of instructors, the subjects taught, and
such other information as may be required.40
The school directors in every county are annually called by the county
superintendent to the county seat for a convention.41 The superintendent
must give all school directors at least 2 weeks' notice of the time and
place of the meeting. The county commissioners furnish space in the
courthouse or some other suitable place for holding the convention.42 It is
the duty of the superintendent to attend the annual conventions and he
serves as an ex officio member of the executive committee. He also aids
the executive committee in any way required of him, but he may not vote
in the convention nor may he have any voice in the actual selecting of
assistant superintendents.43
In 1937 a county board of school directors was created44 and the county
superintendent was made the chief executive and ex officio a member of
all its committees. He may enter into discussions, but he may not vote on
decisions.45 The superintendent furnishes all reports which the county
board of school directors requests him to make.48
The county superintendent is required to visit personally as often as
38 Ibid.
31 1911 P.L. 309 sec. 2103 am. 1933 P.L. 1152 sec. 12.
38 1911 P.L. 309 sec. 2106 am. 1933 P.L. 1152 sec. 12.
39 1911 P.L. 309 sec. 2108 am. 1919 P.L. 57 am. 1925 P.L. 433 am. 1933 P.L. 1152
sec. 12.
40 1911 P.L. 309 sec. 2110 am. 1933 P.L. 1152 sec. 12.
“1911 P.L. 309 sec. 801.
43 Ibid., sec. 802.
43 Ibid., sec. 807 am. 1937 P.L. 605 sec. 6.
44 1911 P.L. 309 art. VIII sec. 809 added 1937 P.L. 605 sec. 5 am. 1939 P.L. 491
sec. 4.
45 1911 P.L. 309 sec. 807 am. 1937 P.L. 605 sec. 6.
48 Ibid.
500
COUNTY GOVERNMENT
possible the schools under his supervision to note the courses and methods
of instruction, and the branches taught. Any inefficiency found by him
must be reported to the board of school directors.47 He is also obliged to
inspect the grounds and buildings and report to the board any violations
of required conditions.48
In all public schools which are required to meet certain fire regulations
designated by law, fire drills are to be conducted at least once a month,
under rules and regulations promulgated by the county superintendent.49
The superintendent must also see that the legislative requirements regard-
ing fire drills are carried out.50
The county superintendent formerly conducted the examination of teach-
ers for provisional and professional certificates,51 but this practice has
become obsolete. The State Council of Education provides, however, for
the issuance of certificates by county superintendents to meet emergency
shortages of teachers.52
Before the opening of the school term the principal or teacher of each
school is furnished with the names and residences of all children assigned
to his school. Each year a summary of such statistics regarding the children
in each district is furnished to the county superintendent to be forwarded
by him to the Superintendent of Public Instruction.53 The superintendent
is empowered to add to this enumeration the names of any children whose
names do not appear thereon.34 It is the duty of every principal or teacher
to report to the superintendent, or any other person named by law, the
names of all children in the list furnished to him who do not appear for
enrollment.55 He likewise reports the names of all children who have been
absent for 3 days without lawful excuse.56 In case any child cannot be
kept in school on account of incorrigibility, truancy, insubordination, or
or other bad conduct, the board of school directors may by its superin-
"1911 P.L. 309 secs. 1123, 1140, 1150.
4S Ibid., sec. 1124.
46 1911 P.L. 294 sec. 1.
50 Ibid., sec. 2.
61 1911 P.L. 309 secs. 1302, 1304.
"Ibid., sec. 1210 (12) am. 1919 P.L. 910 sec. 1 am. 1921 P.L. 328 sec. 1 am. 1923
P.L. 328 sec. 1 (12).
“1911 P.L. 309 sec. 1426 am. 1937 P.L. 2560 sec. 14.
“1911 P.L. 309 sec. 1427 am. 1937 P.L. 2560 sec. 15.
65 1911 P.L. 309 sec. 1428 am. 1937 P.L. 2560 sec. 16.
60 Ibid.
SCHOOL SUPERINTENDENT
501
tendent, or any other persons named by law, proceed against the child
before the juvenile court.57 Everyone employing a child of school age
during school hours must furnish to the superintendent or others the
name, age, place of residence, and name of parent or guardian of every
such child.58
Every public high school is under the supervision of the county or dis-
trict in which the high school is situated.39 Pupils desirous of having their
tuition paid in a high school in a district other than the one in which they
reside must present to the boards of their own district and the district in
which they wish to attend a certificate from the county superintendent who
has jurisdiction over the district in which they live that they have satis-
factorily completed the required studies.60 The superintendent prepares
and recommends to the board of school directors suitable courses of study
for the high schools under his jurisdiction.61 It is the duty of the secretary
of the school board, teachers, school enumerators, home and school visitors,
and attendance officers to secure information and report to the county
superintendent every child of compulsory school age who, because of
physical or mental handicaps, is not receiving an adequate education. The
child is to be examined by a mental clinic, approved by the State Council
of Education, or a certified public school psychologist, and by any other
required expert. This report is made to the superintendent who then sub-
mits to the board of school directors plans for establishing and maintaining
special classes or special schools to educate these children.62
Each school district of the third class not having a district superintendent,
and each fourth-class school district annually forward certificates giving
certain information regarding their public school personnel to the county
superintendent. If they are approved by him, the superintendent forwards
these certificates to the Superintendent of Public Instruction.63
67 1911 P.L. 309 sec. 1438.
“Ibid., secs. 1419, 1420 am. 1937 P.L. 2560 sec. 8.
69 1911 P.L. 309 sec. 1706.
™Ibid., sec. 1707 am. 1915 P.L. 672 sec. 1 am. 1925 P.L. 166 sec. 2 am. 1927 P.L.
687 sec. 1 am. 1927 P.L. 689 No. 349 sec. 1 am. 1933 P.L. 1152 sec. 9.
01 1911 P.L. 309 sec. 1712.
62 1876 P.L. 138 rep. 1911 P.L. 309; 1911 P.L. 309 sec. 1413 am. 1919 P.L. 1090
sec. 1 am. 1925 P.L. 70 sec. 1 am. 1933 P.L. 1152 sec. 8 am. 1937 P.L. 2560 sec. 3 am.
1939 P.L. 786 sec. 1 par. 1, 3, 4, 8.
93 1911 P.L. 309 sec. 1210 (20) added 1921 P.L. 328 sec. 1 am. 1923 P.L. 328 sec. 1
(20) am. 1925 P.L. 547 sec. 2 am. 1931 P.L. 243 sec. 29 am. 1935 P.L. 993 sec. 1.
502
COUNTY GOVERNMENT
The Superintendent of Public Instruction determines the amount of
funds due school districts04 and certifies the same to the State Treasurer
and Auditor General, who place the amount to the credit of the school
districts. The Superintendent of Public Instruction transmits to each
county superintendent a statement showing the amount allotted to each
school district.65 The county superintendent signs and forwards to the
Department of Public Instruction the annual budgets and financial reports
of the school districts. He furnishes all reports required by the Depart-
ment.66 The board of school directors inspects the auditors’ reports, and
the superintendent signs and forwards them to the Superintendent of
Public Instruction.67
Records. To aid them in the performance of their powers and duties,
county superintendents of schools usually keep numerous records, most of
which are not specifically required by law.
Minutes68
School Directors’ Minute Book. Title varies: Record.
A record of the meetings of school directors, showing date and place of
meeting, names of members present, record of business transacted, and
secretary’s signature.
Record of County Institute Proceedings. Title varies: Record.
A record of the meetings of county teachers’ institutes is frequently kept.
It shows date and place of each meeting, names of county superintendent
and school districts represented, number and names of teachers attending
each session, and date of the next meeting.
Public School Directors’ Convention.
A record of the proceedings of the county school directors’ conventions,
showing date and place of convention, business transacted, and secretary’s
signature.
04 1911 P.L. 309 sec. 1210 (21) am. 1921 P.L. 328 sec. 1 am. 1923 P.L. 328 sec. 1 (21)
am. 1925 P.L. 681 sec. 2.
08 191 1 P.L. 309 sec. 1210 (22) am. 1921 P.L. 328 sec. 1 am. 1923 P.L. 328 sec.
1 (22).
60 1911 P.L. 309 sec. 807 am. 1937 P.L. 605 sec. 6.
” 1911 P.L. 309 sec. 2615 am. 1937 P.L. 605 sec. 10.
88 In most counties none of these types of minutes are kept by the county super-
intendent.
SCHOOL SUPERINTENDENT
503
Personnel Records
Applications for Teaching Positions. Title varies: Teachers' Ap-
plications.
Applications for teaching positions are often kept on hie in the county
superintendent's office. They usually show the date of application, appli-
cant’s name, address, date of birth, marital status, religion, certificate held,
educational record, subjects taught, references, and signature.
Applications for Teachers’ Certificates.
The county superintendent often keeps on hie applications received by
him for the issuance of teachers’ certihcates. Each application shows the
date; name, address, age, sex, date and place of birth, qualifications, and
professional and vocational experience of the prospective teacher ; teachers'
bureau and educational record; certification of approved training; the ap-
plicant’s signature; and the certification of the applicant's character and
health by a school or college official and the examining physician respec-
tively.
Emergency Certificate Records, 1919 — .69
Emergency certificates issued by the county superintendent, showing the
date ; certificate number ; teacher’s name, address, and birth date ; his edu-
cational, professional, and vocational experience records; subjects to be
taught ; name of school ; teacher’s health certification ; and official signa-
tures.70
Register of Teachers’ Certificates Granted, 1911 — -.71
The county superintendent keeps a register of teachers’ certificates issued
or endorsed by him. The record shows the date of issuance of certificate,
teacher's name, type of certificate, and remarks.72
Record of Teachers. Title varies: Employed Teachers.
This is a record of teachers employed in the various districts under the
09 These are not kept on file in every county, and where they are found, the dates
vary because such certificates are issued infrequently.
70 The record of emergency certificates granted will be found in Register of Teachers’
Certificates Granted.
71 In many counties this record was kept prior to 1911, for the county superin-
tendent has issued certificates ever since 1854 (1854 P.L. 617 sec. 41) and often kept
a record of those he granted before the law of 1911 made such a record compulsory.
At present, the only certificates actually issued by the county superintendent are
emergency certificates. This is due to the fact that the preparation on which was
based the granting of other certificates by the county superintendent no longer rep-
resents the minimum preparation for standard and college certificates.
72 1911 P.L. 309 sec. 1323.
504
COUNTY GOVERNMENT
control of the county superintendent. It shows the names of the school
district and civil division; name, address, and date of birth of teacher;
type of certificate held; number of years during which he has taught; edu-
cational and professional experience : name of school where employed ; and
whether or not he is a member of the teachers’ retirement association.73
Record of Inactive Teachers.
Some counties keep a special record of inactive teachers, showing the
name, address, and birth-date of each teacher, certification record, years
during which he taught, educational and professional experience, rating as
a teacher, and signatures of teacher and county superintendent.
Teachers’ Rating Cards.
This is a card record of teachers’ ratings giving names of teacher, district,
and school; subjects and grades taught by teacher; rating for personality,
technique, pupil reaction, and preparation ; teacher’s total score ; date of
certification ; and official signatures.74
Retirement Form A, 1917 — ,75
In some counties the superintendent has kept on file copies of the annual
reports sent by school authorities to the Public School Employes’ Retire-
ment Board. The information given includes the date, name of district,
name, address, sex, and age of employee, positions held by him, the months
during which he was employed, his salary, and signature of secretary of
school board.76
Lists of Members of School Boards.
The county superintendent sometimes keeps lists which show the names
of each school district and the political subdivision where it is located, and
the names and addresses of the school directors from that district.
Statistical Reports77
Secondary School Classification Reports.
These are reports of the classification of the schools which are under the
™ This record is found in almost every county.
74 Almost every county superintendent keeps some type of teachers’ rating cards.
75 Since the keeping of copies of these reports is not obligatory, they will not be
found in all counties for the entire period since 1917.
*’ 1917 P.L. 1043 sec. 7 par. 3.
77 Most of these reports are copies of those which are sent to the Department of
Public Instruction. Therefore in some counties some or all of them are filed with
correspondence.
SCHOOL SUPERINTENDENT
505
supervision of the county superintendent. It shows the name of district ;
name and address of school; classes taught; classification requested; total
number of pupils enrolled; names of school counsellors or deans; guidance
program; grades and subjects taught and the number of groups and pupils
in each; the monthly tuition charge for nonresident pupils; number of
pupils, teachers, and staff members; number of class periods taught weekly
by each teacher or staff member ; average teacher load ; library data ; size
of classes by department of instruction; number of nonresident pupils by
grade and district ; number of graduates at end of term, and vocation to
be pursued by each; date of report; signatures of principal and county
superintendent ; and recommendations by the county superintendent.78
Superintendent’s Annual Report.
On file here are copies of the annual report made by the county superin-
tendent to the Department of Public Instruction. These reports deal with
the schools and teachers under the supervision of the county superin-
tendent and give the following information: the date of report; names of
school districts; number and kinds of schools operated; number and sex
of teachers and pupils; number, education, and service record of certified
teachers ; salary and classification of teachers ; teacher turnover ; number
of children requiring special attention, and the cause ; and the superin-
tendent's signature.79
Secondary School Vocational Agricultural Reports.
The superintendent often keeps on file reports of classes on vocational
agriculture. Each report shows the name of the school district or con-
solidated school, name and address of the school and the secretary of the
school board, date of report, name and title of person directing the pro-
gram, signatures of principal and county superintendent, total enrollment
by sex and grade, names of teachers and subjects, percentage of time de-
voted to agriculture, length of periods, monthly and yearly salaries paid,
enrollment in agricultural subjects with the subjects taught in each grade,
the number of pupils, the weekly period for recitation and laboratory, and
the totals.
Secondary School Vocational Home Economics Reports.
The superintendent often keeps on file reports of vocational home eco-
78 These reports are found in the office of practically every county superintendent
of schools.
™1911 P.L. 309 sec. 1151. Since the keeping of these reports is not obligatory,
they are not found in every county or for the entire period since 1911.
506
COUNTY GOVERNMENT
nomics classes. The following information is usually given: the name of
the school district or consolidated school; date of report; names and ad-
dresses of schools ; name and title of person directing the program ; signa-
tures of principal and county superintendent ; total enrollment by sex and
grades ; and name, address, salary, certification record, and time of every
teacher, with the subjects taught and units of instruction. The report also
contains any other information relative to the program which is believed to
be of value.
Age Grade Tables.
These are copies of the age grade tables which have been prepared by each
teacher. They show the number and name of district ; name of teacher ;
grade, sex, and age of all pupils ; number of pupils in each grade ; per-
centage and number of pupils under and over normal age ; and name, sex,
grade, and age of gravely retarded pupils, with the reason for this retarda-
tion.
Attendance and Scholarship Reports. Title varies : Roll of Pupils.
Attendance and scholarship records are sometimes kept on file by the
county superintendent of schools. They usually show the names of district
and school, the grades in each school, names of pupils, attendance records,
subjects and rating received in each subject, the grade to which each pupil
is assigned for the next term, inclusive dates of term, teacher’s name,
names of pupils in perfect attendance, and number and date of certificate
awarded.
Attendance Records.
These are reports of attendance, usually prepared once a month. They
show the name and number of the district, date of report, number of days
in the term, subjects taught, entries, withdrawals, total enrollment by sex,
aggregate days present and absent, average daily attendance and percentage,
and signatures of teacher and principal.80
Perfect Attendance Records.
The teachers’ reports of perfect attendance are sometimes kept by the
county superintendent of schools. The information contained includes :
names of district and school, dates of school term, name and address of
pupil, certificate number, and signature of teacher.81
80 In some counties these records are found in Attendance and Scholarship Reports.
81 These records are infrequently kept. Sometimes they are incorporated into
Attendance and Scholarship Reports.
SCHOOL SUPERINTENDENT
507
Teachers’ Annual Reports to the County Superintendent. Title
varies: End of Term Report.
In some counties the teachers make annual reports to the county superin-
tendent of schools. The information varies from county to county but in
general consists of the teacher’s name and address, names of school and
district, number and sex of pupils enrolled, daily attendance, mental and
physical status of pupils, description of supplemental school equipment,
progress record, teacher’s qualifications and salary, and signature of
teacher.82
Achievement Tests. Title varies.
Reports of scores made by pupils in achievement tests are sometimes found
in the office of the county superintendent of schools. They show the date ;
names of district, school, teacher, and pupils ; scores made in each test ;
and total.
Reports of Eighth Grade Work.
The records of eighth-grade work vary in the different counties. Some-
times they consist merely of a registry of students graduating from the
eighth grade in the various schools throughout the county. In other coun-
ties there are more inclusive records showing the name and birth date of
each pupil, names of school and district, pupil’s attendance record and
rating in each subject, score and rank in the county test, number and names
of books read, number of years in grades seven and eight, and eligibility
for high school work. In other counties the record is concerned only with
the failures of eighth-grade pupils.
Graduate Lists.
A few county superintendents keep a record of graduates and commence-
ments. It shows the date, number and names of graduates, names of dis-
trict and school, and date of commencement.
Reports of Visitation
Superintendent’s Reports of Inspection of Schools. Title varies :
Monthly Reports of Assistant County School Superintendent.83
In some counties the superintendent keeps reports of inspections of schools
82 These reports are found in very few counties.
83 1911 P.L. 309 sec. 1132 provides that the assistant county superintendents of
schools must make a monthly report of all schools visited by them. These reports
must be kept on file in the superintendent’s office for at least 1 year.
508
COUNTY GOVERNMENT
in the county. These reports show the names of district, school and teacher;
the inspector’s rating of general conditions, pupils, materials for instruc-
tion, teacher, and equipment provided ; date and time of each visit ; and
inspector’s signature.
Reports of Visits to Consolidated Schools.
On file here are copies of reports of visits to consolidated schools. These
show the names of district and school, name and address of secretary of
school board, name of school visitor and dates of visits, standards for the
school checked, recommendations for improvements, number of books in
the library, enrollment by rooms, number of teachers without previous ex-
perience, names of schools which were closed, number of vacant rooms or
rooms needed, number of pupils transported, means of transportation and
driver’s name and address, and the superintendent’s signature.
Financial Reports
Annual Financial Reports.84
The county superintendent of schools usually keeps copies of the annual
financial reports prepared by the secretaries of school boards. The informa-
tion contained in these reports consists of the date, names of school dis-
trict and civil division, school and real estate tax rates, funds on hand,
number of supervisors and teachers, amount and type of expenses, sinking
fund report, assets and liabilities, the value of school property, data con-
cerning bond issues, the secretary’s affidavit, and certification by the
county superintendent.85
Annual School Budgets.86
The county superintendent often keeps copies of the annual budgets of
the various school districts under his supervision. Each budget shows the
date ; names of school district and political division ; general and detailed
84 These reports may be combined with copies of budgets and other papers in one
file entitled Annual Financial Reports, Budgets, Applications for Appropriations or
Financial Reports and Budget Reports.
85 Although the county superintendent is not required to keep copies of these reports,
he usually does so. This is because he must sign these reports and forward them
to the Department of Public Instruction, 1911 P.L. 309 sec. 807 am. 1937 P.L. 60S
sec. 6.
80 These papers may be found in Financial Reports and Budget Reports or in
Financial Reports, Budgets, Applications for Appropriations.
SCHOOL SUPERINTENDENT
509
estimates of approved expenditures, with amounts and tax rate voted; the
signatures of president and secretary of school board; an estimate of the
receipts of the district; number of teachers, supervisors, schools, and
pupils; amount of increase or decrease in payroll; and certification of
county superintendent.87
Auditors’ Reports.
In a few counties the superintendent has kept on file the reports of audits
of school district accounts. These show the date ; the names of district
and school ; tax per capita and on property ; receipts ; expenses for general
control, instruction, auxiliary agencies and coordinated activities, opera-
tion, maintenance, fixed charges, debt service, and capital outlay ; and the
auditors’ signatures.88
Teachers’ Institute Accounts. Title varies: Teachers' Institute;
Reports of County Teachers’ Institutes.
These are copies of the reports of the annual county teachers' institutes.
The following information is usually found : the date and place of the
institute; names of districts, teachers, school directors, and visitors in
attendance; names of auditors elected; statement of receipts and disburse-
ments; names of instructors; subjects of discussion; fees paid; and signa-
ture of district or county superintendent.89
School Directors’ Convention Accounts. Title varies: Reports of
School Directors’ Conventions.90
These reports are similar to Teachers’ Institute Accounts except that they
deal with the annual school directors’ convention.91
87 The superintendent signs these budgets and forwards them to the Department
of Public Instruction. He then may keep copies for himself, 1911 P.L. 309 sec. 807
am. 1937 P.L. 605 sec. 6.
88 The county superintendent signs these reports and sends copies of them to the
Department of Public Instruction. He is not required to keep copies in his own
office, but he often does so, 1911 P.L. 309 sec. 2615 am. 1937 P.L. 605 sec. 10.
80 1911 P.L. 309 secs. 2606, 2629 requires that these accounts be audited, but since
copies of them do not have to be kept by the county superintendent, this record is
not found in every county.
80 These reports are sometimes filed in Teachers’ Institute Accounts.
81 1911 P.L. 309 secs. 806, 2630 requires that these accounts be audited. The county
superintendent is not required to keep copies of these reports.
510
COUNTY GOVERNMENT
Applications for Appropriations92
Applications for State Appropriations. Title varies : Report of
Teachers Employed ; Teachers Employed.
The county superintendent often keeps on file the reports sent to him
from each school district. These reports are used to determine the amount
of State appropriation to which a district is entitled. The information con-
tained is as follows : the date, names of civil division and school district,
number of supervisors and teachers employed, subjects and grades taught
or supervised by each teacher, type of school, each teacher’s salary and
certification record, number of school-age children residing in district,
signature and affidavit of secretary of the school board, and signature of
county superintendent.93
Reports of Agricultural and Home Economics Work. Title varies :
Age Grade Tables.94
These are reports of school districts relating to the vocational agricultural
and home economics schools and departments in existence. On the ma-
terial found in these reports is based the amount of appropriation given to
such schools and departments by the State.95 Each of these papers gives a
statistical report of enrollment ; the number of teachers and their salaries ;
traveling expenses incurred ; names of teachers and supervisors ; a sworn
statement with signatures of secretary of school board, head of agriculture
department, and county superintendent ; and the date compiled.
Application for Appropriation for Transportation.
Copies of applications for appropriations for the transportation of pupils
are often found in the office of the county superintendent. They show the
names of school district and school, the number and age of pupils, names
of contractor and operator, type of vehicle, amount paid, expenses for
operating district-owned vehicles, total costs of transportation, affidavit of
secretary of school board, and verification by county superintendent.96
Applications for High School Tuition.
These are copies of applications for high school tuition paid by one district
83 These papers are sometimes filed with budgets and other financial reports. In
some counties applications for all types of appropriations are filed in one place.
83 1911 P.L. 309 sec. 2306.
84 These should not be confused with the other records entitled Age Grade Tables.
86 1913 P.L. 138 sec. 9 am. 1925 P.L. 418 sec. 9 further am. 1931 P.L. 176 sec. 3.
80 1919 P.L. 498 sec. 4 am. 1923 P.L. 463 sec. 4 further am. 1925 P.L. 635 sec. 4.
SCHOOL SUPERINTENDENT
511
for education in another district, showing the date of application; names
of school districts and political subdivisions ; name, age, and grade of pupil ;
the number of months and name of the district attended ; monthly tuition
rate ; total tuition ; and official seals and signatures.97
Miscellaneous
Public School Directory.
In the office of the county superintendent are sometimes kept copies of
the directories of the public schools of the county. The information in
these directories is usually as follows : names, office and home addresses,
and telephone numbers of administrative officials; names and addresses
of the school directors of each district ; names and addresses of officers
of local school boards and of the directors’ association; delegates and
alternates to State convention ; deceased members of the school system ;
schools and the length of the term in each district; names of principals,
teachers, and schools; subjects and grades taught; the name of the school
nurse in each district and where she is employed ; and the tax rate per
capita for each district.
Building Plans.
Blueprints of school buildings erected may be found in the office of the
county superintendent of schools. These show name and number of project,
names of district and school, specifications and dimensions, and name and
address of engineer.98
Transportation Contracts.
In some counties the county superintendent of schools keeps contracts for
the transportation of pupils or the records of such contracts. The informa-
tion given in the contracts is as follows : the names of school district,
political subdivision, and contractor; date and terms of contract; and
signatures and affidavits of contractor, school officials, and witnesses. The
records of contracts show the date; names of civil division and school;
names, ages, and salaries of drivers ; number of children to be transported,
and mileage.
Applications for Continuance of One-Room Schools.
On file here are copies of applications for the continuance of one-room
schools. The information shown includes the date; names of district and
"1911 P.L. 309 sec. 1708 am. 1923 P.L. 455 No. 247 sec. 1 further am. 1925 P.L.
435 sec. 3.
88 These are found in very few counties.
512
COUNTY GOVERNMENT
school ; resolution of board of directors ; record of attendance and enroll-
ment for the coming year; name of school to which students would be
assigned ; distance and type of roads to be traveled ; conditions of school
buildings, grounds, and equipment ; and signatures and addresses of the
secretary and the county superintendent."
Applications for National Youth Administration Projects.
There are often found on fde in the office of the superintendent copies of
applications for National Youth Administration projects. These show
the name of civil division; name, number, and location of school; date of
application ; number and sex of eligible children; type of project requested;
and official signatures.
Correspondence.100
The county superintendent of schools usually keeps the general correspon-
dence of his office.
w 191 1 P.L. 309 sec. 1406 am. 1919 P.L. 1117 further am. 1923 P.L. 910 further am.
1925 P.L. 628 sec. 2; 1929 P.L. 497 sec. 5 further am. 1931 P.L. 243 sec. 34 provides
for the compulsory closing of all schools with an average term attendance of less
than 10. The school board of that district, however, may petition the State Council
of Education for the continuance of such schools. Since the county superintendent
does not have to keep copies of these applications, they are not found in every county.
1011 In some counties there is one file of incoming correspondence and another of
outgoing correspondence. With the outgoing correspondence are often found some
or all of the various papers listed here under the classification Reports.
XLII
Board of Directors of the County Library
Structural Organization and Functions. A law of 1917 permitted any
county to establish “a free, public, nonsectarian library for the use of the
residents” of the county.1 The law stipulates a definite procedure which
must be followed before the library may be set up. At any general or
municipal election the county commissioners may submit the question to the
voters. Upon petition of at least 3 percent of those who voted in the last
general election, the commissioners are obliged to place the matter before
the electorate.2 In 1939 county libraries were in existence in Chester,
Huntingdon, and Pike counties. Six other counties cooperate with existing
libraries to maintain county-wide service.3
The county commissioners make appropriations for the establishment
and maintenance of the library. These may not annually amount to more
than 2 mills for each dollar of the assessed valuation of all taxable property
within the county. The money is secured either from a special library tax
or from a portion of the general county funds.4 When the question of
establishing a library is submitted to the voters the amount of the proposed
annual tax for the library must be stated on the ballot.5 A library tax rate
once established may be changed only after a favorable popular vote to
that effect.6 7 The people are permitted to vote for a bond issue to cover
the expenses of establishing a library only after 5 percent of the registered
voters of the county have petitioned the county commissioners to do so.T
Since 1931 the State has made annual appropriations to every county li-
brary. The aid given by the Commonwealth to any County is measured by
the amount appropriated annually by the commissioners. It ranges from
20 per cent of the county appropriation in third-class counties to 125 per
1 1917 P.L. 1143 sec. 1; 1925 P.L. 340 rep. 1929 P.L. 1278 sec. 1501 but reen. in
secs. 605-608; 1925 P.L. 342 permits the establishment of joint city and county
libraries.
2 1917 P.L. 1143 sec. 4 am. 1927 P.L. 724 sec. 1 further am. 1931 P.L. 127 sec. 2.
8 The American Library Directory, 1939, pp. 375-395.
4 1917 P.L. 1143 sec. 1.
6 Ibid., sec. 4 am. 1927 P.L. 724 sec. 1 further am. 1931 P.L. 127 sec. 2.
6 1917 P.L. 1143 sec. 6 am. 1931 P.L. 127 sec. 4.
7 1917 P.L. 1143 sec. 26.
513
514
COUNTY GOVERNMENT
cent in eighth-class counties. No county, however, may in any year receive
more than $2,500 for the purpose.®
Any municipality which already has a free public library is not obliged
to become a part of the county library system9 and is not taxed for the sup-
port of the county library.10 Such municipalities, however, are permitted
to merge their libraries with the county library and to enter into agree-
ments with the county concerning the disposition of the former local
libraries.11
The county commissioners appoint the board of library directors12
which consists from five to seven members. The number of directors in
any county is determined by the commissioners, who also fill all vacancies
in the board for the unexpired portion of the original 3-year term. The
terms of office of the members are rotated so that one-third of them are
replaced every year. They receive no compensation.13
The board elects from its members a president, a secretary, a treasurer,
and any other officers whom it considers necessary. The treasurer must
give a bond which is satisfactory to the board.14
Exclusive control over the county library15 and the funds designated for
it is vested in the board of directors which makes all rules and regulations
for the library. All residents of the county must be permitted to use the
library, subject only to those rules and regulations. Persons who violate
them may be forbidden the use of the library, and the board may make
provision for nonresidents of the county to use it on any terms laid down
by the board. The board of directors is permitted to establish branches,
deposit stations, traveling libraries, and other organizations which will
make the books most convenient to the people of the county.16
The accounts of the treasurer of the board of directors of the county
library are audited in the same manner as the accounts of county officers.
The board makes an annual report to the county commissioners.17 This
8 1931 P.L. 1203 sec. 1.
8 1917 P.L. 1143 sec. 4 am. 1927 P.L. 724 sec. 1 further am. 1931 P.L. 127 sec. 2.
10 1917 P.L. 1143 sec. 5 am. 1931 P.L. 127 sec. 3.
"1917 P.L. 1143 sec. 4 am. 1927 P.L. 724 sec. 1 further am. 1931 P.L. 127 sec. 2.
12 1917 P.L. 1143 sec. 5 am. 1931 P.L. 127 sec. 2.
13 1917 P.L. 1143 sec. 9.
"Ibid., sec. 10.
13 Ibid., sec. 5 am. 1931 P.L. 127 sec. 3.
18 1917 P.L. 1143 secs. 8, 18-20.
17 1917 P.L. 1143 sec. 16 am. 1927 P.L. 724 sec. 3.
LIBRARY BOARD
515
report covers the preceding fiscal year of the county. It contains an item-
ized statement of all receipts and expenditures of the library and shows
the condition of the library and its branches. Such information should in-
clude the number of books, maps, and pamphlets in the library, and the
number acquired during the past year. The report must give the
number of registered borrowers and readers of the library and a classified
statement of the circulation of material. Other information and sugges-
tions which seem desirable may be contained in the report, a copy of which
is also sent to the State Library at Harrisburg.18 Every year the board of
directors must make a report to the county commissioners and to the De-
partment of Public Instruction of the manner in which appropriations from
the State have been used.10
Records. There are no requirements for the keeping of records by the
board of directors of the county library.
18 1917 P L. 1143 sec. 17 am. 1931 P.L. 127 sec. 5.
lu 1931 P.L. 1203 sec. 1.
XLIII
Law Library Committee
Evolution, Powers, and, Duties. During the nineteenth century, a number
of counties established law libraries for the use of lawyers, county officers,
and justices of the peace. There were no general laws relating to these
libraries, but special laws provided for the establishment, supervision, and
maintenance of them in 36 of the counties.1 Most of these statutes stipulated
that certain fines and forfeitures imposed by the courts of the county be
used to support the law library.
The first general law relating to county law libraries was passed in 1889
and gave the court authority to appoint a librarian if it deemed one neces-
sary.2 In 1901 it was provided that in all counties with a population of
less than 150,000 such a library should be set up, to be supported by one-
half the fines and forfeitures to which the county is entitled. An amend-
ment of 1909 extended the act of 1901 to all counties and one of 1913 gave
the president judge the power of directing that the county commissioners
annually appropriate a certain amount toward the support of the law
library. It was the act of 1901 which made definite provisions for the
creation in every county of a law library committee.3
The law library committee consists of five members of the bar appointed
by the judges of the county courts. They serve for a 1-year term and may
be reappointed. Vacancies are filled by the court. No oath or bond is re-
quired from the members, who receive no compensation for their services.
The chief duty of the committee is to supervise the expenditure of the
funds which are allotted to the law library. At the end of every year the
committee reports to the court on the condition of the library and accounts
for all expenditures. If the report is approved, the accounting is then
filed with the prothonotary. The committee is also authorized to make any
1 To find these laws, see Price, op. cit., passim.
3 1889 P.L. 38.
3 1901 P.L. 165 No. 132 sec. 1 am. 1903 P.L. 53 further am. 1913 P.L. 450; 1909
P.L. 104 sec. 1.
516
LAW LIBRARY COMMITTEE
517
rules and regulations necessary for the management of the library and its
proper care and preservation.4
Records. The law does not require that any records be kept by the law
library committee, and records are seldom kept by it.
4 1901 P.L. 165 No. 132 secs. 2, 3 (this law did not go into effect in counties with
conflicting local laws) ; 1923 P.L. 273 secs. 204 rep. 1929 P.L. 1278 sec. 1051 but
reen. as am. in sec. 483 am. 1931 P.L. 401 sec. 1 (the law of 1923 applied only to
fourth-class counties and repealed all conflicting local and general acts ; the law of
1929 applies to third- and fourth-class counties) ; 1923 P.L. 941 rep. 1929 P.L. 1278
sec. 1051 but reen. in sec. 484 (these acts apply to counties of the fifth, sixth, seventh,
and eighth classes) ; 1929 P.L. 1278 sec. 481.
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Hood, Samuel, Practical Treatise on the Laiv Relating to Registers of
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Bushong, Robert G., Pennsylvania Land Law. Newark, New Jersey,
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COUNTY GOVERNMENT
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APPENDIX
A. Establishment of Counties of Pennsylvania 1
ADAMS, January 22, 1800, formed of part of York.
ALLEGHENY, September 24, 1788, formed of parts of Westmoreland
and Washington.
ARMSTRONG, March 12, 1800, formed of parts of Allegheny, West-
moreland, and Lycoming.
BEAVER, March 12, 1800, formed of part of Allegheny and Washington.
BEDFORD, March 9, 1771, formed of part of Cumberland.
BERKS, March 11, 1752, formed of part of Philadelphia, Chester, and
Lancaster.
BLAIR, February 26, 1846, formed of part of Huntingdon and Bedford.
BRADFORD, February 21, 1810, formed of part of Luzerne and Lyco-
ming; called Ontario County until March 24, 1812.
BUCKS, one of the original three counties of the Province in 1682.
BUTLER, March 12, 1800, formed of part of Allegheny.
CAMBRIA, March 26, 1804, formed of part of Huntingdon, Somerset,
and Bedford.
CAMERON, March 29, 1860, formed of part of Clinton, Elk, McKean,
and Potter.
CARBON, March 13, 1843, formed of part of Northampton and Monroe.
CENTRE, February 13, 1800, formed of part of Mifflin, Northumberland,
Lycoming and Huntingdon.
CHESTER, one of the three original counties established at the first
settlement of the Province in 1682.
CLARION, March 11, 1839, formed of part of Venango and Armstrong.
CLEARFIELD, March 26, 1804, formed of part of Huntingdon and
Lycoming.
CLINTON, June 21, 1839, formed of part of Lycoming and Centre.
COLUMBIA, March 22, 1813, formed of part of Northumberland.
CRAWFORD, March 12, 1800, formed of part of Allegheny.
CUMBERLAND, January 27, 1750, formed of part of Lancaster.
DAUPHIN, March 4, 1785, formed of part of Lancaster.
DELAWARE, September 26, 1789, formed of part of Chester.
ELK, April 18, 1843, formed of part of Jefferson, Clearfield and McKean.
1 Adapted from The Pennsylvania Manual, 1943, p. 868.
523
524
COUNTY GOVERNMENT
ERIE, March 12, 1800, formed of part of Allegheny.
FAYETTE, September 26, 1783, formed of part of Westmoreland.
FOREST, April 11, 1848, formed of part of Jefferson and Venango;
part of Venango added October 31, 1866.
FRANKLIN, September 9, 1784, formed of part of Cumberland.
FULTON, April 19, 1850, formed of part of Bedford.
GREENE, February 9, 1796, formed of part of Washington.
HUNTINGDON, September 20, 1787, formed of part of Bedford.
INDIANA, March 30, 1803, formed of part of Westmoreland and
Lycoming.
JEFFERSON, March 26, 1804, formed of part of Lycoming.
JUNIATA, March 2, 1831, formed of part of Mifflin.
LACKAWANNA, August 13, 1878, formed of part of Luzerne.
LANCASTER, May 10, 1729, formed of part of Chester.
LAWRENCE, March 20, 1849, formed of part of Beaver and Mercer.
LEBANON, February 16, 1813, formed of part of Dauphin and Lancaster.
LEHIGH, March 6, 1812, formed of part of Northampton.
LUZERNE, September 25, 1786, formed of part of Northumberland.
LYCOMING, April 13, 1795, formed of part of Northumberland.
McKEAN, March 26, 1804, formed of part of Lycoming.
MERCER, March 12, 1800, formed of part of Allegheny.
MIFFLIN, September 19, 1789, formed of part of Cumberland and North-
umberland.
MONROE, April 1, 1836, formed of part of Northampton and Pike.
MONTGOMERY, September 10, 1784, formed of part of Philadelphia.
MONTOUR, May 3, 1850, formed of part of Columbia.
NORTHAMPTON, March 11, 1752, formed of part of Bucks.
NORTHUMBERLAND, March 21, 1772, formed of part of Lancaster,
Cumberland, Berks, Bedford and Northampton.
PERRY, March 22, 1820, formed of part of Cumberland.
PHILADELPHIA, one of the three original counties established at the
settlement of the Province in 1682.
PIKE, March 26, 1814, formed of part of Wayne.
POTTER, March 26, 1804, formed of part of Lycoming.
SCHUYLKILL, March 1, 1811, formed of part of Berks and Northamp-
ton.
APPENDIX
525
SNYDER, March 2, 1855, formed of part of Union.
SOMERSET, April 17, 1795, formed of part of Bedford.
SULLIVAN, March 15, 1847, formed of part of Lycoming.
SUSQUEHANNA, February 21, 1810, formed of part of Luzerne.
TIOGA, March 26, 1804, formed of part of Lycoming.
UNION, March 22, 1813, formed of part of Northumberland.
VENANGO, March 12, 1800, formed of part of Allegheny and Lycoming.
WARREN, March 12, 1800, formed of part of Allegheny and Lycoming.
WASHINGTON, March 28, 1781, formed of part of Westmoreland.
WAYNE, March 21, 1798, formed of part of Northampton.
WESTMORELAND, February 26, 1773, formed of part of Bedford and
in 1785 part of the purchase of 1784 was added thereto.
WYOMING, April 4, 1842, formed of part of Luzerne.
YORK, August 19, 1749, formed of part of Lancaster.
B. Judicial Districts
The counties listed under the number of each judicial district were
included in that district for the period or periods noted.
First Bucks 1791-1806
Chester 1800-1806
Montgomery 1791-1806
Philadelphia 1791-
Second Adams 1800-1806
Chester 1791-1800
Cumberland 1800-1806
Dauphin 1791-1806
Delaware 1791-1806
Lancaster 1791-
York 1791-1835
Third Berks 1791-1849
Lehigh 1812-74
Luzerne 1791-1806
Lycoming 1795-1806
Northampton 1791-
Northumberland 1791-1806
Schuylkill 1811-15
Wayne 1798-1811
526
COUNTY GOVERNMENT
Fourth
Fifth
Sixth
Seventh
Bedford 1791-1824
Cameron 1860-83
Centre 1800-1851
Clearfield 1822-53
Clinton 1842-51
Cumberland 1791-1800
Elk 1849-74
Franklin 1791-1806
Huntingdon 1791-1842
Jefferson 1830-33
Mifflin 1791-1842
McKean 1851-83
Potter 1851-83
Somerset 1800-1806
Tioga 1851-
Allegheny 1791-
Armstrong 1800-1806
Beaver 1800-1831
Butler 1818-31
Crawford 1800-1806
Fayette 1791-1818
Greene 1796-1818
Jefferson 1804-06
Warren 1800-1806
Washington 1791-1818
Westmoreland 1791-1806
Butler 1806-18
Clarion 1839-40
Crawford 1806-70
Erie 1800-
Mercer 1804-31
Warren 1806-33, 1840-74
Venango 1806-49
Bucks 1806
Chester 1806-21
Delaware 1806-21
Montgomery 1806-74
APPENDIX
527
Eighth
Centre 1851-53
Clinton 1851-53
Columbia 1838-51
Luzerne 1806-11
Lycoming 1806-68
Montour 1850-51
Northumberland 1806-
Sullivan 1847-51
Union 1813-42
Ninth
Adams 1806-35
Cumberland 1806-
Dauphin 1806-15
Frankdin 1806-24
Juniata 1835-74
Perry 1820-74
T enth
Armstrong 1806-74
Cameron 1806-49
Indiana 1806-74
Jefferson 1806-30
Somerset 1806-18
Westmoreland 1806-
Eleventh
Bradford 1810-18
Columbia 1851-56
Lackawanna 1878-83
Luzerne 1811-41, 1849-
Monroe 1836-47
Montour 1851-74
Pike 1814-49
Susquehanna 1810-18, 1840-51
Tioga 1810-18
Wayne 1811-49
Wyoming 1811-49
Twelfth
Carbon 1843-44
Dauphin 1815-
Juniata 1831-35
Lebanon 1815-93
Schuylkill 1815-44
528
COUNTY GOVERNMENT
Thirteenth
Bradford 1818-95
Greene 1895-
Luzerne 1841-49
McKean 1824-33; 1849-51
Potter 1849-51
Sullivan 1851-56
Susquehanna 1818-40, 1851-74
Tioga 1818-51
Fourteenth
Fayette 1818-
Greene 1818-95
Somerset 1818-24
Washington 1818-66
Fifteenth
Chester 1821 -
Delaware 1821-74
Sixteenth
Bedford 1824-1901
Blair 1846-49
Fulton 1850-74
Somerset 1824-
Seventeenth
Beaver 1831-66
Butler 1831-95
Lawrence 1849-93
Mercer 1831-66
Snyder 1895-
Union 1895-
Eighteenth
Clarion 1840-
Elk 1843-49
Forest 1848-74
Jefferson 1833-95
McKean 1833-49
Potter 1833-49
Venango 1849-66
Warren 1833-40
Nineteenth
Adams 1835-74
York 1835-
APPENDIX
529
Twentieth
Bedford 1901-
Huntingdon 1842-1849, 1895
Mifflin 1842-
Snyder 1855-95
Union 1842-95
T wenty- first
Carbon 1844-49
Monroe 1844-49
Schuylkill 1844-
Tzuenty-second
Carbon 1849-74
Monroe 1849-74
Pike 1849-1901
Wayne 1849-
Twenty-third
Berks 1849-
Twenty-fourth
Blair 1849-
Cambria 1849-83
Franklin 1824-74
Huntingdon 1849-83
Twenty-fifth
Cameron 1883-
Centre 1853-83
Clearfield 1853-83
Clinton 1853-
Elk 1 883-
Twenty-sixth
Col umbia 1856-
Montour 1874-
Sullivan 1856-74
Wyoming 1856-74
T wenty-seventh
Beaver 1866-74
Washington 1866-
Twenty-eighth
Mercer 1866-74
Venango 1866-
Twenty-ninth
Lycoming 1868-
Thirtieth
Crawford 1870-
T hirty- first
Lehigh 1874-
530
COUNTY GOVERNMENT
Thirty-second
Delaware 1 874-
T hirty-third
Armstrong 1874-
Thirty-fourth
Susquehanna 1874-
Thirty-fifth
Mercer 1874-
Thirty-sixth
Beaver 1874-
Thirty-seventh
Elk 1874-83
Forest 1874-
Warren 1874-
Thirty-eighth
Montgomery 1874-
Thirty-ninth
Franklin 1874-
Fulton 1874-83
Fortieth
Indiana 1874-
Forty- first
Juniata 1874-
Perry 1874-
Forty-second
Adams 1874-95
Bradford 1895-
Fulton 1883-95
F orty-third
Carbon 1874-1901
Monroe 1874-
Pike 1901-
Forty-fourth
Sullivan 1874-
Wyoming 1874-
Forty-fifth
Lackawanna 1883-
Forty-sixth
Clearfield 1883-
F orty-seventh
Cambria 1883-
Forty-eighth
McKean 1883-
Potter 1883-91
F orty-ninth
Centre 1883-
Huntingdon 1883-95
Fiftieth
Butler 1895-
APPENDIX
531
Fifty- first
Fifty-second
Fifty-third
Fifty-fourth
Fifty-fifth
Fifty-sixth
Adams 1895-
Fulton 1895-
Lawrence 1S93-95 1
Lebanon 1 893-95 1
Lebanon 1895-
Lawrence 1895-
Jefferson 1895-
Potter 1901 -
Carbon 1901-
1 There were two separate districts known as the Fifty-first Judicial District, 1893
P.L. 27, 31.
C. General Information About Counties
Classification
Population
Land
County
1920
1930
1940
by census
Area
Scat
of 1940
in Square
Miles
Adams
VII
VII
VII
39,435
526
Gettysburg
Allegheny
II
II
II
1,411,539
730
Pittsburgh
Armstrong
VI
VI
VI
81,087
660
Kittanning
Beaver
V
V
IV
156,754
441
Beaver
Bedford
VII
VII
VII
40,809
1,018
Bedford
Berks
IV
IV
IV
241,884
864
Reading
Blair
V
V
V
140,358
530
Hollidaysburg
Bradford
VI
VII
VI
50,615
1,147
T owanda
Bucks
VI
VI
V
107,715
617
Doylestown
Butler
VI
VI
VI
87,590
794
Butler
Cambria
IV
IV
IV
213,459
695
Ebensburg
Cameron
VIII
VIII
VIII
6,852
401
Emporium
Carbon
VI
VI
VI
61,735
405
Mauch Chunk
Centre
VII
VII
VI
52,608
1,115
Bellefonte
Chester
V
V
V
135,626
760
West Chester
Clarion
VII
VII
VII
38,410
599
Clarion
Clearfield
V
VI
VI
92,094
1,144
Clearfield
Clinton
VII
VII
VII
34,557
902
Lock Haven
Columbia
VII
VII
VI
51,413
484
Bloomsburg
Crawford
VI
VI
VI
71,644
1,016
Meadville
Cumberland
VI
VI
VI
74,806
555
Carlisle
Dauphin
IV
IV
IV
177,410
520
Harrisburg
Delaware
IV
III
III
310,756
185
Media
Elk
VII
VII
VII
34,443
809
Ridgway
Erie
IV
IV
IV
180,889
812
Erie
Fayette
IV
IV
IV
200,999
800
Uniontown
Forest
VIII
VIII
VIII
5,791
420
Tionesta
532
COUNTY GOVERNMENT
Classification
Population
Land
County
1920
1930
1940
by census
Area
Seat
of 1940
in Square
Miles
Franklin
VI
VI
VI
69,378
754
Chambersburg
Fulton
VIII
VIII
VIII
10,673
435
McConnellsburg
Greene
VII
VII
VII
44,671
577
Waynesburg
Huntingdon
VII
VII
VII
41,836
895
Huntingdon
Indiana
VI
VI
VI
79,854
831
Indiana
Jefferson
VI
VI
VI
54,090
652
Brookville
Juniata
VIII
VIII
VIII
15,373
387
Mifflintown
Lackawanna
III
III
III
301,243
454
Scranton
Lancaster
IV
IV
IV
212,504
945
Lancaster
Lawrence
VI
VI
VI
96,877
367
New Castle
Lebanon
VI
VI
VI
72,641
363
Lebanon
Lehigh
V
IV
IV
177,533
347
Allentown
Luzerne
III
III
III
441,518
891
Wilkes-Barre
Lycoming
VI
VI
VI
93,633
1,215
Williamsport
McKean
VII
VI
VI
56,673
997
Smethport
Mercer
VI
VI
V
101,039
681
Mercer
Mifflin
VII
VII
VII
42,993
431
Lewistown
Monroe
VII
VII
VII
29,802
611
Stroudsburg
Montgomery
IV
III
III
289,247
484
Norristown
Montour
VIII
VIII
VIII
15,466
130
Danville
Northampton
IV
IV
IV
168,959
374
Easton
Northumberland
V
V
V
126,887
454
Sunbury
Perry
VII
VII
VII
23,213
550
New Bloomfield
Philadelphia
I
I
I
1,931,334
135
Philadelphia
Pike
VIII
VIII
VIII
7,452
545
Milford
Potter
VII
VIII
VIII
18,201
1,092
Coudersport
Schuylkill
IV
IV
IV
228,331
783
Pottsville
Snyder
VIII
VIII
VII
20,208
329
Middleburg
Somerset
VI
VI
VI
84,957
1,084
Somerset
Sullivan
VIII
VIII
VIII
7,504
478
Laporte
Susquehanna
VII
VII
VII
33,893
836
Montrose
Tioga
VII
VII
VII
35,004
1,150
Wellsboro
Union
VIII
VIII
VIII1
20,247
318
Lewisburg
V enango
VI
VI
VI
63.958
675
Franklin
Warren
VII
VII
VII
42,789
910
Warren
Washington
IV
IV
IV
210,852
857
Washington
Wayne
VII
VII
VII
29,934
744
Honesdale
Westmoreland
III
III
III
303.411
1,025
Greensburg
Wyoming
VIII
VIII
VIII
16,702
396
Tunkhannock
York
V
IV
IV
178,022
914
York
1 Following the census of 1940, Union County was reclassified to the seventh class.
Thereafter, under the terms of Act Number 93 of the 1941 session of the General
Assembly, it was reduced again to the eighth class.
APPENDIX
533
D. The Board of Assessment and Revision of Taxes
In 1943 the assessment functions of the county commissioners and the
board of revision in all counties from the fourth to the eighth classes were
transferred to a new agency, the board of assessment and revision of taxes.1
This board, like the former board of revision, is composed of the county
commissioners ex officio. It must appoint a chief county assessor, as well as
enough assistant assessors, clerks and other employes to carry on its work
effectively. The compensation of these employes is fixed by the board of
assessment, and paid by the county.
The board meets and organizes by the selection of a chairman at the same
time and place as the organization meeting of the county commissioners. It
then meets from time to time at the call of the chairman or of any member.
Its decisions are by majority vote and must be recorded in writing.
Within the limits of legislation, the board establishes the form of the
assessment roll, and the order of listing of persons and property on the roll
and in the tax duplicates prepared from it. It also adopts rules and regula-
tions, not inconsistent with the law, to govern the chief assessor, his assis-
tants and the locally elected assessors in making the assessment. These
rules may provide for the use of tax maps, land value maps, and other maps
and materials ; for assessors’ manuals and property record cards indicating
the nature of improvements ; and for the application of unit values to the
information shown in such records.
The chief assessor, appointed by the board to serve at its pleasure and
until his successor is appointed and qualified, is essentially the secretary and
executive officer of the board of assessment. He keeps the minutes of its
meetings, advises the board in the preparation of rules and regulations, and
provides information for the board during appeal hearings, which he is
required to attend. Subject to the regulations made by the board, he super-
vises and directs the activities of the assistant assessors and other employes,
and prepares and supervises the preparation of land value maps, tax maps,
permanent record cards, and other maps, plans, surveys and records. He
prepares an assessment roll in the form prescribed by the board. Before
assuming office, he takes an oath which is recorded in the minutes. Local
assessors, elected every four years in boroughs and townships, also take an
oath which is filed with the board, and which may be administered by the
chief assessor or by the members of the board.
On or before September first of each year, the chief assessor must prepare
the assessment roll from the returns made by the local assessors, and must
1 Fourth to Eighth Class County Assessment Law, approved May 21, 1943.
534
COUNTY GOVERNMENT
submit it to the board in the prescribed form. This assessment roll is a list
of persons and property subject to local taxation, with the value placed
upon each person, each tract of real property, and the personal property of
each person. At the same time the chief assessor must submit a list of all
property exempted from taxation. The assessment roll is then available for
inspection by the public until the first of October, during the ordinary
business hours of each business day ; and the board must give notice to this
effect in at least one and not more than three newspapers published in the
county. In the same notice it must state that any person desiring to appeal
from any assessment should file a statement in writing on or before
November 15.
When the assessment roll is received from the assessor, the board has
notices sent to all persons whose property or personal assessments have
been changed. These persons then may appeal to the board for relief by
filing a written statement of intention to appeal on or before October first.
No person is permitted to appeal from any assessment unless he first files
this statement of intention.
The board meets for the hearing of appeals after the first of October,
until all appeals have been heard and acted upon, but not later than Decem-
ber first. Notices are sent to persons desiring to appeal, giving the date
when their appeals will be heard. Hearings are open to the public, and any
person may be represented by counsel. The board inquires into the equity
of the appealed assessment in relation to other similar assessments, as well
as into the proper value of what was assessed. It then may affirm, raise or
lower the assessment. The order of the board is entered in its minutes, and
a copy delivered within five days to the person who appealed. He may then
appeal, within sixty days, to the court of common pleas by presenting a
petition.
An appeal to the court of common pleas does not delay the collection of
taxes, but if the assessment is reduced by court action, the excess is returned
to the taxpayer. Furthermore, the taxing authority must segregate 25 per-
cent of the tax paid under protest in a separate account, pending the court
action. The board of assessment, or any person party to the appeal, may
appeal from the decree of the court of common pleas to the Supreme or
Superior Courts. County and municipal authorities, as well as school dis-
tricts, disputing assessments which affect them, have the same right of
appeal to the board and to the courts, and may take an appeal from any
decision even though they were not parties to the proceedings before the
decision was made.
APPENDIX
535
After the board of assessment has heard all appeals and entered its
orders, the chief assessor corrects the assessment roll accordingly. Then,
he prepares three copies of the assessment roll, and delivers them on or
before February first to the various taxing authorities, with a certificate
that they are true copies. The clerk of the county commissioners receives
one copy ; the secretary of each board of school directors receives a copy of
the part of the roll relating to assessments within that school district ; and
each borough or township secretary receives a copy of the part relating to
assessments within each borough or township. Space to enter the taxes to
be levied must be provided in these copies. On or before December fifteenth,
the chief assessor must also certify to each political subdivision the value of
real property, the value of occupations and the number of persons subject
to personal taxes appearing in the assessment roll and taxable by these
political subdivisions.
The county solicitor is counsel for the board, advises it as to its powers
and duties and as to the rights of citizens, and appears for the board in all
appeals taken to the courts.
Annually the board prepares and submits to the county commissioners an
estimate of the expense it will incur in carrying out its work, and the county
commissioners then appropriate the necessary funds for the payment of
salaries, wages and other expenses.
Records. The board of assessment has been given a number of functions
hitherto carried on by the county commissioners, hence many records which
it must maintain are essentially continuations of records kept by the com-
missioners. The enactment of the Assessment Law is comparatively recent,
and it is likely that practice as to the keeping of records for this new office
has not yet crystallized. As the board of assessment and revision of taxes is
made up of the county commissioners, it is probable that some or all of the
assessment records will be continued on the basis of former practice, as
indicated in the chapter on the County Commissioners. The law, however,
indicates the following records for this office:
Minutes of Board of Assessment and Revision of Taxes
Assessment Roll, showing for each political subdivision the persons sub-
ject to taxation and the valuation of their occupations ; owners, loca-
tions, descriptions and value of real estate, with improvements valued
separately; and owners and valuation of personal property subject to
taxation.
List of Tax-Exempt Property
Assessors’ Returns
536
COUNTY GOVERNMENT
Oaths of Assessors
Land Value Maps and Tax Maps
Property Record Cards
Annual Estimate of Expenses
Recorder’s Report of Land Transfers
Record of Unseated Lands
Statements of Intention to Appeal
The board of assessment and revision of taxes will presumably have
custody of the records of the former board of revision.
INDEX
A
Abatement of nuisances, 290
Accidents, 212, 307, 315
Accounts
administrators, 267, 282
assessors, 256
candidates’ expense, 251
children’s home, 449
classification of, 396
clerk of courts, 255
clerk of orphans’ court, 287
commissioners, 50, 142, 205, 256, 385
controller, 396-9
coroner, 205, 309, 385
county home, 398, 429-30
county library, 514-15
county officers, 256, 388, 391
audit, 48-50, 385, 389
with State, 391
docket, 282, 283n.
election expenses, 398
estates, 278
lunatics and habitual drunkards,
214
executors, 267, 282
expense, 373
fiduciaries, 214-15, 267, 276, 281-2
forest fires, 143
guardians, 203, 277, 280n., 282
industrial home, 446
institution district, 388, 391, 429-30
and n.
law library committee, 516
merchants, 364
with municipalities, 399
orphans’ court, 281-2, 283n.
poor directors, 3 73, 412, 429-30
prisons, 331, 339, 398
probation and parole officers, 343,
346-7, 388, 391
prothonotary, 195, 229-30
recorder of deeds, 183
register of wills, 270
retirement board, 406
road and bridge, 398-9
school, 58, 508-9
sheriff, 50, 205, 303-4 and n., 373, 385,
400n.
sinking fund, 397
tax collectors, 134, 363, 369
treasurer, 10-12, 50, 56, 205, 256, 367,
373-4, 380-1, 385, 388
trustees, 203, 282
tuberculosis sanatorium, 453, 459
veterans’ burial expense, 398
Adams County, 471, 491n.
Poor District, 412
Administrators, 261, 265, 270, 278, 283
accounts, 267, 282
bonds, 261, 265-6, 280
Adoption proceedings, 42, 207, 287 and n.
Affidavits, 217, 241, 265-7, 270, 275, 277
Affirmations, see Oaths
Aged, care of, see Assistance
Agents, taxes on, 363, 365, 374n., 383
Agreements, 126, 179-80, 279, 284
See also Contracts
of controller with institutions, 401
of indenture and apprenticeship, 427
list of, orphans’ court, 278
record of, 132
of separation, 179
Agriculture, 86-7, 478
county farm agent, 87
education, 70, 72, 510
extension work, 2, 86-7, 116-17
fairs, 112, 117
societies, 86-7, 105, 112, 116
Airports, county, 114
Aldermen, 42, 170, 176, 207-8
See also Justices of the peace ; Magi-
strates
bonds, 177
of New York, 27
returns, 314
Aliens, see Naturalization
Allegheny County, 2, 15, 16, 18, 42n.,
49, 260n., 271, 393n„ 316, 327, 333, 349,
382, 404, 444, 461, 471
537
538
COUNTY GOVERNMENT
Allegheny County, cont.
juvenile court, 41
workhouse, 47
Almshouse, see County home
Andros, Governor, 5, 25
Animal and plant diseases, control of,
75-6, 117
Annapolis scholarship, 72
Appeals, 27-8, 29, 30-3, 35, 39, 239, 242,
342, 389, 405
bonds, 201
to Great Britain, 30
mercantile tax, 364
orphans’ court, 282
tax, 7, 101, 357, 359
from viewers’ reports, 476
zoning, 483
Appearance docket, 205-6, 214, 217n., 300
papers, 200n., 202-7, 22 4n., 226n.,
228n.
Appraisements, 281, 283
See also Inventories and appraisements
inheritance tax, 269
widows, 281
Appraisers, 216, 281, 293
Sec also Mercantile appraiser
board of, 118
inheritance tax, 262, 268-9
Apprentices, 415, 427, 433, 444
See also Indentured servants
indentures of, 342
Appropriations, 48, 143, 219, 396, 399-400
See State appropriations ; also under
Commissioners, county
Arbitration, 28, 170, 189-90, 275
arbitrators, 213-14
Argument lists, see Trial and argument
lists
Armstrong County, 74, 413, 471
Army, U. S., 65, 139
Arrests, 44-6, 291, 315
Articles of association, 170, 178
of incorporation, 228
Assessment
See Taxes, assessment
of dogs, 111
mercantile tax, 364, 383
occupation tax, 130
special, 192, 209
Assessors, 6-7, 49, 52, 59 and n., 60, 96-7,
99, 101, 103, 128, 156, 171, 173n„ 256,
257, 286, 355, 356, 357, 360, 361, 399n.
See also Taxes
accounts, 256
appointment of tax collectors, 102
and auditing, 10, 385
compensation, 100
county, abolished, 12, 52
oaths, 125, 238
and registration of voters, 149
returns, 52, 101, 129-31, 356, 358
selection of, 12, 52, 99-101
Assessors, registry, see Registry assessors
Assignments, 26, 179, 192, 216
Assistance, 2, 4, 6, 7-8, 13, 17, 22-4, 80-83,
96-7, 119-20, 297, 408-9, 414, 418-20,
436, 439
See also County home; Institution dis-
trist ; Pensions ; Poor directors ;
Poor districts ; Poor, overseers of
badges, 415
blind, 23, 57, 82, 115, 419, 240, 434,
435, 436, 437
board of trustees, 434, 440, 441
case records, 442
funds, 434
board of review, 438
burial, 421, 426
care of sick, 418-20, 426
categorical, 81-2
contracting for, 416
deaf and dumb, 83, 419
director of welfare, 414
and education, 80, 409
evolution, 80-1, 408-14, 432-5
Federal aid, 420, 435-6
funds, 398, 435, 438
indoor, 81, 415-16, 419-20, 437
and justices of the peace, 408-9
legislation, 23, 74-5, 80, 81, 115, 409,
413-14, 416-17, 432-3, 435-6, 451
milk orders, 428
mothers’, 57-8, 82, 115, 373, 433-5
appropriations, 433-4
INDEX
539
board of trustees, 23, 82, 433-4, 436,
440-1
legislation, 23, 288, 433-4
records, 288, 441
old age, 23, 82, 115, 434-5
board of trustees, 434, 436, 440-1
funds, 434-5
records, 441-2
outdoor, 23, 81, 415, 420, 432, 441
evolution, 81, 417, 432-5
regulations, 416-17
records, 421-31, 440-3
administrative, 423-4
cases, 440-2
claims settlements, 442-3
financial, 429-30
indoor relief, 424-8
master file, 440-1
minutes, 440
outdoor, 428-9
requirements, 419, 437-9
State appropriations, 417, 420, 435-6
State Board of, 436
State Department, see Department of
Public Assistance
unemployment, 23, 435, 437
work relief, 415-16
Assistance, county board of, 23-4, 81-2,
417, 432-43
appeals, 438
budget, 438
committees, 439
labor review, 438
employees, 437-8
evolution and structure, 432-6
executive director, 437
non-profit medical service, 439
powers and duties, 436-9
records, see Assistance
Assumpsit, actions of, 203
Attachments, 27, 230-31, 262, 292, 301, 305
docket, 301
fraudulent debtors, 220
proceedings, 192, 200
Attorneys, 108, 112, 242-3, 320, 358, 473
accounts, prothonotary’s record, 230
admission to practice, 224-5, 252, 288,
324
for destitute murder defendants, 241
disbarment, 24n.
Attorney General, 310, 465
deputies, 9, 14, 44, 47, 310
Auburn and Rush Township Poor Dis-
trict, 410n.
Auctioneers, 254, 363, 374n.
Audits, 48, 49, 50, 56, 251
See also Accounts ; Auditors ; Controller
county officers’ accounts, 385
docket, 282
of estates, 278
Auditors, 13, 16, 18, 21, 55, 118, 195, 256,
279n., 292, 303n„ 343, 361-2, 367, 380n„
385-93, 400n., 402, 412, 429n., 430, 446,
502
See also Controller
appeals from, 389
appointment, 12, 49
compensation, 388
election, 49, 385
evolution and structure, 10-11, 49-50,
385-8
of estates, 277
oath, 237, 387.
powers and duties, 48-50, 388-92
qualifications, 386-7
records, 392-3
minute book, 392
reports, 56, 205, 248, 282, 390-1,
392-3, 509
report docket, 215
treasurer’s report to, 381
of sheriff’s sales, 293
solicitor, 391
of teachers’ institutes, 499
township and borough, 58
Auditor General, 9, 16, 99-100, 107, 121,
170, 183n., 195n„ 219, 229n., 236, 262,
292, 293n., 302, 356, 361, 365, 375, 382-3,
391, 436, 441n„ 442n„ 502
Annual Statements, 134
treasurer’s report to, 368
540
COUNTY GOVERNMENT
Automobiles, 126-7
See also Motor vehicles
confiscated, 242
licenses, 365
register, 226, 291
sales, 254
titles, 394
Autopsies, 255, 309, 457
B
Bail, 46, 187, 234, 315, 491
Bankruptcy, 179 and n., 192n.
Banks, 347, 393, 397, 403, 439, 441, 442
Bar, members of the, see Attorneys
Beaver County, 23, 169n., 233n., 260n.,
413, 433, 471
Bedford County, 471
Poor District, 412
Beer licenses, see Licenses
Berks County, 104-5, 271, 327, 471, 478,
484, 49 In.
Poor District, 412
Bill of Rights, 319
Birdsboro Bridge Company, 105
Birth register, 10, 37, 77, 78, 79, 258, 269,
286
See Vital statistics
Blair County, 418
Poor District, 412
Blakely Poor District, 411
Blind
See also Assistance ; Pensions
census of, 124, '147
education, 72, 83
Bloom Poor District, 410n.
Bloomsburg, 410n.
Board for assessment and revision of
taxes, see Revision, board for assess-
ment and
Board of assistance, see Assistance, coun-
ty board of
Board of county commissioners, see Com-
missioners, county
Board of elections, see Elections, county
board of
Board of Game Commissioners, 103
Board of health, see Health
Board of Property, 465
Board of Public Charities, 107, 235n.
Board of review, see Assistance
Board of revision, see Revision, board of
Board of viewers, see Viewers
Board of zoning adjustment, see Zoning
adjustment, board of
Bonds, 27, 51, 98, 104, 123, 127, 132, 133,
147, 194, 195, 196, 203, 206, 216, 220,
222, 233, 239, 264, 278, 279, 306, 333,
352, 355, 361, 365, 376, 387, 392-4, 402-3,
484
See also Sinking Fund commission
administrators, 261, 265-6, 280
appeal, 201, 235
bail, 208, 291
bridge and road, 394, 402
collateral, 265-6
contractors, 125, 423
defendants, 238
executors, 261, 265-6
institution district, 421
issues, 128, 445
library, 513
official, 10, 125, 177-8, 198-9, 299 and
n„ 393, 421, 465, 514
clerk of orphans’ court, 273
deputy sheriffs, 299
deputy surveyors, 238
register of wills, 260, 262
sheriff, 290
tax collectors and assessors, 128
peddlers, 253
prothonotary’s record, 198-9
registers, 127, 394, 403
transfer book, 127-8
Boroughs, 1, 20, 46, 60, 64-7, 74, 83, 99,
113, 116, 119-20, 150, 156, 161, 181, 183,
208-10, 237-8, 369, 409-10, 464, 472-3,
475, 478-80
auditors, 248
bridges, 322
charters, 246
division of, 245-6
elections, 245, 246, 248, 296
extension of, 246, 322
INDEX
541
incorporation, 245-6
indebtedness, 245
new, 236, 322
ordinances, 246
petitions, 246
poor relief, 432
public health, 76
tax collector, 363
Boundary lines
county, 180, 236, 248
municipal, 247, 473
Bounties
for enlistment, 110, 139
for wild animals and birds, 96-7, 110-
11, 141
Bradford County, 409n., 413, 472
Brand marks, bolter and baker, 228-9, 253
Bribery, 311
Bridges, 24, 41, 57, 83, 84, 85, 105, 106,
113, 117, 126, 183, 224-5, 322, 462-3,
470, 475, 478-9
See also Roads ; Viewers
bonds, 125
contracts, 395
construction and repair, 244-5, 463
county line, 474
records, 137-8, 244
taxes, 369
toll, 472
township, 472
Brockden, Charles, 168
Brokers, taxes, 363, 365, 374n., 383
Bucks County, 28, 74, 97, 471, 491n.
Poor District, 412
Budget
county, 48-51, 88, 100, 143, 394
and controller, 50, 100, 390, 394
county board of assistance, 438
institution district, 421
school districts, 502, 509-10
Buildings, 6, 77, 96, 105, 117, 120, 121,
127, 462, 468, 478
alteration or repair, 322-3
contracts, 211-12
permits, 483
specifications, 85, 126
Bureau of Medical Education and Licens-
ure, 226
Burial
See also Cemeteries ; Veterans
of indigent persons, 107
records, commissioners’, 139-41
register, 10, 37, 77, 78
Butler County, 413, 471
C
Cambria County, 271
Poor District, 412
Cameron County, 410 and n., 416
Canals, 117, 145, 473
Candidates, 61, 64, 162, 251
See also Elections ; Voting
Capias docket, 300
Carbon County, 146, 289n., 410, 411
Poor District, 410
Care of the poor, see Assistance
Cemeteries, 3, 468
See also Burial
records, 140, 426
Census
assessors’, 147
of blind, 124, 147
of deaf and dumb, 124, 147
United States, 3, 79
Central Poor District, Luzerne County,
411
Centralia Borough-Conyngham Township
Poor District, 410n.
Centre County, 410n.
Charter of Privileges, 5, 6, 29, 184 and n.,
231
Charter to William Penn, 5
Charters, 178, 246
Chester County, 13, 28, 97, 327, 415, 418,
471, 513
Poor District, 411, 412
Children
See also Children’s home ; Industrial
home for children ; Industrial schools ;
Juvenile court; Juvenile detention
home ; etc.
apprenticeship of, 427, 433, 444
delinquent, 18, 24, 41, 47-8, 83, 106,
542
COUNTY GOVERNMENT
Children, cont.
345, 349-50, 392, 445
dependent, 18, 24, 41, 48, 83, 342, 417-
18, 420, 429n„ 432-3, 436-7
education, see also Schools, etc.
of poor, 67, 80, 145-6
of handicapped, 72, 501
employment of, 501
health clinics, 76
poorhouses, not to be kept in, 432-3
welfare, 2, 57-8, 82, 427, 444-5
Children’s home, 82, 106, 115-16, 322, 345,
417, 444-50
See also Industrial home; Juvenile de-
tention home
board of managers, 446
employees, 447
evolution, 444-5
expenses, 446-7
management, 446-7
records, 448-9
religious, 447, 448
superintendent, 447
Churches, 3, 4, 133, 468
Cities, 1, 17, 66-8, 74, 83, 161, 183, 464,
472, 479-80
(by classes)
first-class, 150, 491, 492; see Philadel-
phia
second-class, 150, 491, 492; see Pitts-
burgh
second-class A, 150n. ; see Scranton
third-class, 20, 54n., 119, 150, 155, 156,
210, 246, 247, 358, 473, 475, 478
annual registration, 60
tax collection, 54
(by subjects)
annexation of territory, 247
boundaries, 247
councils, 247
elections, 248
engineers, 198n.
inspectors, 198n.
inspectors of weights and measures,
17
lien docket, 210
and public health, 76
treasurers, 54, 102
Civil courts, 9 ; see Common pleas court ;
Prothonotary
Civil War, 110
records, 139
veterans, 82
Clarion County, 413
Clearfield County, 23, 289n„ 413, 433, 471,
49 In.
Clerk of court of sessions, 4, 8, 25n., 166,
231
Clerk of court of quarter sessions and
oyer and terminer (Clerk of courts),
12, 14, 16, 49, 61, 62, 87, 89, 161, 166,
176, 185, 231-57, 272, 290, 302 and n„
309n„ 314n„ 329, 335, 354n„ 377n„ 387n.,
429n.
See also Oyer and terminer court;
Quarter sessions court
as clerk of orphans’ court, 272
combined with other clerical offices,
185, 232
court seal, 234
compensation, 233, 255
deputies, 233-4
evolution and structure, 231-4
powers and duties, 231-2, 234-6
prothonotary and, 184
qualifications, 232-3
records, 236-37, 323
accounts, 255
appointments, 237
civil divisions, 245-8
commissions, 239
coroner’s inquests, 255
elections, 250-2
jury, 249-50
licenses and registers, 252-4
minutes, 236-7
naturalization, 249 and n.
oaths and bonds, 237-9
papers and dockets
civil, 242-3
criminal, 239-42
juvenile, 243-4
INDEX
543
road and bridge papers, 244-5
trial and argument lists, 239
reports, 235
Clerk of orphans’ court, 12, 14, 27, 38, 49,
57, 87, 89, 176, 185, 259, 270n„ 271-288
See also Orphans’ court ; Register of
wills
combined with other clerical offices,
232, 273
compensation, 273-4, 287
deputies, 274
evolution and structure, 271-4
oath and bond, 273
powers and duties, 274-6
qualifications, 273
records, 276-288
accounts, 287
adoption, 287 and n.
appeals, 282
bonds, 280
of estates, 282-4
fiduciaries’ accounts, 281-2
inventories and appraisements, 281
minutes, 276
papers and dockets, 277-80
trial and argument lists, 277
vital statistics, 284-6
register of wills as, 272-3
Clerk of oyer and terminer, see Clerk of
courts
Clerk of the peace, 8, 9, 13, 184, 231
Clerk of quarter sessions, see Clerk of
courts
Clinics, 76, 501
Clinton County, 414, 471
Collection of taxes, see Taxes, collection
Collector of Internal Revenue, 210
Colleges, 72, 498
Columbia County, 146, 410n.
Comfort stations, 114
Commission book, 176, 179n., 239
Commissioner of Health, 78
Commissioners, county, 7, 11-17, 20-4, 42,
46-7, 49, 54, 57-8, 81-2, 89, 96-150, 159,
161, 170, 173 and n„ 176-7, 180, 193,
196, 200, 221n., 234, 295-6, 298, 302n.,
308-9, 312, 320, 326-9, 330n., 333-5, 343-
4, 351-2, 354n„ 356, 360-3, 367, 369,
370n., 372n., 382, 387, 389-90, 392, 393n.,
394, 400n„ 402, 404, 406, 408, 430 and
n„ 431n., 435, 441n., 446, 459, 465, 474n.,
475-6, 478, 499
accounts, 50, 56, 205, 256, 385
agriculture, aid to, 86-7, 112, 116-17
appointments by, 120-2, 128, 324
and appraisements, 118, 137
appropriations, 104-5, 1 12-17, 394, 401,
487-8
required and optional, 105, 113
special laws on, 104-5
subject to other agencies’ approval,
117
and assessments, 52-3
assessors, 128
precepts, 52
returns, 52, 129-31
revision, 355-6
and auditing, 10-12, 385
and auditoriums, 114
as authorities, 118
as board of appraisers, 118
board of managers of house of deten-
tion, 119
board of prison inspectors, 119
board of revision, 118
bonds, 98, 177
official, 125
record, 127
bond issues, 128, 484
and boundary markers, 123
and children’s home, 115, 446-7
clerk of, 87, 99, 116, 120, 124, 357, 482
appointment, 120
oath, 237-8
as veterans’ grave registrar, 121
compensation, 98, 414
contracts, 104, 125-6
with Federal government, 118
with Highway Department, 113
county buildings, 85, 114, 117
county finance, 48, 124
county obligations, 127ff.
COUNTY GOVERNMENT
544
Commissioners, county, cont.
courthouse, 87
day book, 124, 137
deeds, 136, 172
election of, 11-12, 97-8
as election board, 119
and elections, 59, 118-19, 157-8
and engineer, 461-2
enrollment book, 138
evolution and structure, 96-8
ex officio positions, 118-19, 124-5
expenses, 115-16, 144
flood control, 86, 114
home for delinquent women, 115
hospitals, 75, 115
industrial school, 445-6
institution district board, 120, 414, 420
as jury commissioners, 118
juvenile detention home, 350
law library, 516
library, 114, 513-14
military functions, 109-10
minute book, 124, 133, 161n., 359n.,
423n.
monuments, 114, 116
mosquito extermination commission,
76, 487
and nomination petitions, 61
oaths, 98-9, 237
old age assistance, 434
and parks, 77, 117
and penitentiaries, 118
and planning commission, 77, 478-9
as poor directors, 81, 120, 412-13
powers and duties, 7, 48, 54-5, 64-5,
75-6, 97-124, 417-19, 421, 452
and prisons, 46, 119, 294, 327
public health, 75-6
qualifications, 97
records, 120, 124-48, 323, 359 and n.,
483n., 494n.
accounts, 120
county expenditures, 142-4
military, 138-41
mine examiners’ certificates, 146
roads and bridges, 137-8
sheep and bounty payments, 141-2
taxation, 133-7
and recreation, 114, 484
as registration commission, 60, 119
reports, 122-4
reports to, 132-4, 367, 380-1, 397,
488n., 489
roads, 83-5, 113
salaries of officials, 106
and salary board, 119
and sewage disposal, 86
and sinking fund commission, 118
solicitors, 324
State association, 325
statements to State agencies, 134-5
and suits, 324
and taxes, 50-1, 99-103
appeals, 101
collectors, 128
ledger, 134
records, 131-3
tuberculosis sanatorium, 75
veterans’ graves, 140-1
veterans’ organizations, 116
and war history, 116
warrants, 55, 142-3, 362
and weights and measures, 491-2
and zoning 77, 480-83
Commissioners of Property, 9
Commissioners of the Rouse estate, 105
Commissions, 176, 177 and n., 465
deputy sheriffs, 299
mercantile appraiser, 383
register of wills, 266
treasurer, 374, 381, 383
Commitments, 243, 336
to hospitals, 305
pauper, 424
record of county home, 425
to prison, 336-8, 340, 342
Commodity sales act, 493-4
Common peacemakers, 28
Common pleas court, 9, 19, 22, 26-7, 30,
32-5, 37, 40, 42 49, 50, 56, 64-5, 75, 82,
98-9, 103, 108, 115, 117, 153, 160, 162,
164n., 168, 185-7, 189, 203-4, 207, 211,
INDEX
545
213, 228, 234, 249n., 259, 273-6, 290, 298,
310, 312, 352-3, 356-7, 361, 364, 366, 383,
385, 387, 397, 411, 445, 451-2, 465, 472-4,
476
See also Prothonotary
adoption and, 287n.
appeals from, 194, 476
appeals to, 405
audits and, 10-11, 388-91
court opinions, 204-5
as election return board, 62, 157
judges, 16, 46, 308, 353, 355
jury, 208
powers and jurisdiction, 9, 36, 38, 40,
193-4
prothonotary as clerk of, 184, 186
records, supervision of, 87-8
seal, 187
workmen’s compensation cases, 190-1
Commonwealth as party in suits, 40
Condemnation proceedings, 19, 196, 203,
207, 301
Conditional sales, 197, 222-3
Constable, 3, 4, 7, 28, 43-6, 96, 121, 197,
312, 398, 429n., 490-2
bonds, 238
deputies, 45
and elections, 65
returns, 241
as tax collectors, 102
town, 53, 295, 351
Constitutions of Pennsylvania, 28, 40, 319
See also Frame of Government
of 1776, 11-13, 32, 36, 38, 168, 258, 306
of 1790, 12-13, 33, 36, 38, 49, 67, 184,
231, 259, 272, 306, 495
of 1838, 13, 14, 34, 38, 65, 168, 185,
232, 259, 272, 289, 306
amendment of 1850, 34
of 1874, 2, 3, 9, 13, 16, 17, 36, 38, 58,
64, 65, 185, 271, 413, 451, 491-2
amendment of 1909, 19, 49, 97
Constitution of the United States, 33, 40,
43, 319, 490
Contagious disease
control, 76, 284
hospital, 75, 115
Contracts, 48, 104, 126, 179, 201, 363, 390,
419, 461
bids on, 395
conditional sales, 197
commissioners’ record, 125-6
controller’s record, 395-6
institution district, 420
plans and specifications, 396
prison, 329
school transportation, 511
Contractors, 125-6
bonds, 125, 423
Controller, 16, 18-21, 47, 49, 56, 58, 89, 98,
104, 118, 122, 125, 143-4, 148, 169, 186,
195, 232, 260, 273, 292, 294, 300, 303n„
304, 308-9, 327, 330n„ 333, 343, 346, 350,
361, 369, 373n., 374n., 385-401, 402, 404,
406, 430 and n., 431n., 446, 452, 465
See also Auditors
appeals from, 389
appointment of acting, 386 and n.
bond, 387, 393n.
bonds, 125
and budget, 50, 100, 390, 394
and contracts, 104
and court costs, 398
deputy, 387
employees, 392
evolution and structure, 49-50, 385-8
oath, 387
powers and duties, 48-50, 56, 362, 388-
92
qualifications, 386-7, 390
records, 392-401
account book, 396
agreements with institutions, 401
analysis ledger, 396-7
bond register, 394
budget, 393-4
contracts, 395-6
county bonds, 393-4
criminal docket, 398
deeds and titles, 394
general accounts, 396-7
individual accounts, 397-9
546
COUNTY GOVERNMENT
Controller, cont.
records
official bonds, 393
reports from, 56, 390-1, 396-7, 400
reports to, 229, 367, 380, 389, 390
tax ledger, 397
warrants and vouchers, 399-400
and retirement board, 392
salary, 387
and salary board, 119
seal, 391
and sinking fund commission, 392
solicitor, 391
State association, 391
Controller, municipal, 58
Conveyances, see Deeds
Convicts, see Prisoners
Coroner, 12-14, 16, 24, 26, 43, 49, 79, 148,
176, 197, 200, 201, 220n„ 306-9
accounts, 205, 309, 385
bonds, 177, 306
certificates, 307
compensation, 306-7
deeds, 172, 195
deputy, 308
employees, 308
evolution and structure, 306-7
inquests, 148, 307, 309, 399n.
jury, 307, 309
justices of the peace as, 307
and morgue, 307-8
oath, 306
powers and duties, 43-4, 307-8
qualifications, 306
records, 309
financial, 309
inquest, 148, 255, 309
as sheriff, 297, 308
sheriff as, 297, 308
Corporations, 36, 39
non-profit, 178, 191, 228
property sales, 302
records, 178
Council of New York, 27-8
Counties
first-class, 99, 436; see Philadelphia
County
second-class, 52, 99, 186 and n., 187n.,
406, 436, 478 ; see Allegheny County
third-class, 47, 52-3, 98-9, 101, 104,
115, 118-19, 122, 169, 171, 173n.,
176n., 185-6, 187n., 232-3, 259-60,
273-4, 290, 294-5, 297-8, 306, 311-13,
316, 324, 327, 329, 333-5, 349-50,
352-6, 358, 362, 367, 388, 392, 404,
406, 446, 474, 513
fourth-class, 47, 53, 101, 105, 117, 119,
169-70, 173n„ 185-6, 232-3, 259-60,
273-4, 290, 294, 298, 306, 308, 311-
13, 316, 320, 327, 329, 333-5, 349,
352, 356, 362, 388, 392, 404, 446,
474, 514
fifth-class, 47, 119, 169-70, 173n., 185-
6, 232-3, 259-60, 273-4, 290, 294,
298, 306-8, 311-17, 327, 329, 333-5,
349, 352, 362, 388, 391-2, 404, 446,
474, 514
sixth-class, 46, 100, 110, 119, 169-70,
173n„ 185-6, 232-3, 259-60, 273-4,
290, 294, 297-8, 306-8, 311-13, 316-
17, 326, 328, 332, 335, 349, 352, 362,
367, 386, 388, 404, 413, 446, 474, 514
seventh-class, 46, 99-100, 110, 119-20,
169, 173n., 185-6, 232-3, 259-60, 273,
290, 294, 298, 307-8, 311-13, 317,
326, 328, 332, 335, 349, 352, 362,
386, 388, 413-14, 446, 474, 514
eighth-class, 46, 100, 110, 119-20, 169,
173n„ 185-6, 232-3, 259-60, 273, 290,
294, 307-8, 311, 313, 317, 326, 328,
332, 335, 349, 352, 362, 386, 388, 414,
446, 474, 514
County
bonds and coupons, 127
boundaries, 180, 236, 248
classification, 2-3
clerical offices, 8-9
arrangement of, 168-9, 185,232,259,
272-3, 361, 387
creation, 2, 88-9
debts, 3, 48, 393-4, 402-3
evolution, 3-24, 28
finance and expenditures, 18, 24, 48,
INDEX
547
58, 87, 89, 103-4, 113, 124, 362-3,
367-8, 396, 402-3, 478
and commissioners, 142-4
and controller, 389-90
court, 398
court orders regarding, 401
warrants and vouchers, 399-400
forests, 103
health officers, 74
improvement of municipal streets, 84
institutions, 1, 219, 345, 421
grand jury inspection of, 320, 323
State control of, 82
joint county-municipal buildings, 114
legal position, 1
limit on tax rate, 100
local laws and, 2
obligations, 127-8
officers, 16, 386, 387, 394
election, 63
fees, 404
reports, 400
retirement board and, 406
salaries, 106, 404
salary board and, 405
terms, 19
powers, 1-3
property, 136, 394, 401
public works, 1, 24, 48, 83-6, 179, 183
grand jury approval, 320, 322-3
plans, 85
records, 1, 87-9
copies, 88
court supervision, 87-8
financial, 88-9
indexes, 88
in new counties, 88-9
offices keeping, 87
standard forms, 88
revenue, 52-5, 143
funds for special purposes, 57
liquid fuels tax, 57
seal, 98-9, 184
seat, 13, 89, 289, 311, 357, 369, 497
suits, 324-5
title to property, 85
County assessors, see Assessors
County board of assistance, see Assistance,
county board of
County board of elections, see Elections,
county board of
County board of law examiners, see Law
examiners
County courts, see Courts
County detective, 16-17, 43-5, 122, 312-13,
316-18, 400n.
assistants, 316
oath, 317
origin, 316
powers and duties, 316-17
records, 317-18
special, 316-17
County emergency relief board, 435-6
County engineer, 17, 85, 121, 461-3, 475
compensation, 461
duties, 462
evolution, 461
qualifications, 461
records, 462-3
surveyor as, 461
viewers and, 462
County farm agent, 87
County historical societies, 116
County home, 52, 106, 350, 399n., 418,
423n.
accounts, 398, 429-30 and n.
admission, 424-5
children not to be kept in, 417, 432-3,
444
construction, 431
deeds, 431
established, 415-16, 432
expenditures, 435
farm products, 428
insane, 428
and institution district, 420
in nineteenth century, 419
number of, 415
records, 424-8, 430-31
regulations, 416-17
and vagrants, 419, 424
work in, 416
548
COUNTY GOVERNMENT
County institution district, see Institution
district
County law library, see Law library
County library, 513-15
annual report, 514-15
appropriations, 513
auditing of accounts, 514-15
board of directors, 514
bond issues, 513
municipal libraries and, 514
State aid, 513-14
vote on, 513
County planning commission, see Plan-
ning commission
County prison, see Prisons or jails
County registration commission, see Reg-
istration commission
County retirement board, see Retirement
board
County salary board, see Salary board
County solicitor, see Solicitor
County superintendent of schools, see Su-
perintendent of schools
County surveyor, 8, 14, 16-17, 25, 49,
400n., 462, 464-8, 471, 473
bond, 238, 465
chain carriers, 465
commission, 465
as county engineer, 461
deputy, 464
evolution, 9, 464
oath, 465
powers and duties, 465-6
qualifications, 464
records, 146, 466-8
drafts and surveys, 466-8
reports, 465, 467-8
County tuberculosis sanatorium, see Tu-
berculosis sanatorium
County zoning commission, see Zoning
commission
Courthouses, 52, 85, 87, 104, 105, 120, 127,
400n.
Court papers, 4
of district attorney, 314-15
probation and parole, 344-5
Court rules, 108, 198, 236, 239, 276, 279,
288n.
Court stenographers, 198n., 204, 240
Courts
Sec names of courts
of admiralty, 32, 33
appellate, 33-4, 213, 235, 263n.
of assizes at New York, 35
chancery, 35, 36
circuit, 12, 29, 33-4, 237
Federal, 188, 201
costs, 229, 225, 261, 279, 290, 301, 304,
346
county, 5, 27 and n., 28, 49, 96, 258,
469, 493
appoint viewers of private roads, 11
and audits, 10, 385
fence viewers and, 11
jurisdiction, 31, 32, 35
of sessions, 29
Penn and, 28
decrees, 183, 216, 234, 243, 341
orders, 147, 220, 231, 239, 242, 279,
290, 305, 344, 401
of petty sessions, 33
of record, 193-4
of sessions, 3-4, 28
equity and, 35
of New York, 27-8
for trial of Negroes, 32
Courts-martial, 291
Coxe Child Labor Act, 70
Crawford County
Poor District, 412-13
poor relief system, 81
Crime and criminals, 24, 43-4, 46, 311,
315, 316, 317, 318, 349
execution, 241
histories, 314, 347
identification papers, 347
rewards for capture, 46, 116
Criminal cases, 314, 315, 351, 398
Criminal courts, 9, 123, 234 ; see also vari-
ous courts by name
Criminal proceedings, 9, 28, 47, 236, 257,
311, 314, 342
INDEX
549
papers and dockets, 239-242
testimony, 240
Criminal records, 304-5, 318, 337, 345, 347,
348
Cumberland County, 471, 491n.
Poor District, 412
D
Damages
assessment of, 472, 474-6
releases, 475-6
Dance hall licenses, 312, 365, 375-6
Danville Borough-Mahoning Township
Poor District, 410n.
Dauphin County, 271, 327, 472, 491n.
court of common pleas, 40n.
Poor District, 412
Deaf and dumb
See also Assistance
census of, 124, 147
education of, 72, 83
institutions for, 419
Death
affidavits, 265
certificates, 457
in county home, 425
investigations, 43-4, 307 ;
see also Coroner
register, 79, 258, 269, 286
reports, 155
sentences, 235
Debt on same or single bill (D. S. B.)
papers and docket, 206
Deed book, 172-3, 174n., 178-9 and n.
sheriff’s, 301-2
Deeds, 275, 279
See also Recorder of deeds; Sheriff;
Treasurer
of assignment, 26
and clerk of courts, 235
coroner’s, 220n.
county home, 431
county-owned property, 126, 394
and prothonotary, 191-2
of release, 138
of sale, 166
unrecorded, 167
Deer licenses, 377
Delaware County, 271, 327, 484
Poor District, 412
Delaware River, 96, 231
Delinquent taxes, see Taxes
Dental register, 182, 225
Department of Agriculture, State, 112,
117, 226, 368
Department of Agriculture, Federal, 86
Department of Education, see Department
of Public Instruction
Department of Forests and Waters, 103,
181, 368
Department of Health, 74, 76, 78, 85-6,
116, 451-2
Bureau of Engineering, 86
Bureau of Public Health Nursing, 76
Bureau of Tuberculosis Control, 75
Bureau of Vital Statistics, 77-80, 457
School Medical Inspection Division,
76
Department of Highways, 83-5, 113, 181,
226 n., 235-6, 462
maps, 180-81
Department of Internal Affairs, 88, 123,
180, 197, 235-6, 421, 465-6, 490, 494
county budget and, 51, 100
Land Office, 9, 25, 167, 172-3, 464,
466, 468
reports to, 390-91
Department of Justice, Federal, 348
Department of Justice, State, see Attor-
ney General
Department of Military Affairs, 82, 140,
419
Department of Public Assistance, 23, 81
appeals to, 438
created, 432, 436
employees, 437
powers and duties, 436
reports, 439, 440
rules and regulations, 438, 440
Department of Public Instruction, 66-7,
496, 499, 504n„ 505, 515
See Superintendent of Public Instruc-
tion
550
COUNTY GOVERNMENT
Department of Public Instruction, cont.
created, 67-8
Bureau of Instruction, 70
Department of Revenue, 80, 123, 126, 148,
170, 171, 176, 180, 195-6, 235-6, 262,
268n„ 270, 274-5, 293, 302, 364-5, 383
treasurer’s report to, 367-8, 375, 377-8
Department of State, 191, 228
See Secretary of Commonwealth
Department of Welfare, 85, 107, 235, 257,
292, 314, 335, 338, 343, 421, 434-5, 442n.
extension unit for child welfare, 82
functions, 82-3
institution district and, 420
reports to, 257, 430
Depositions, 204, 213, 231, 245, 262
and prothonotary, 190
Deputy attorney general, see Attorney
General
Deputy sheriff, see Sheriff
Deputy surveyor, see County surveyor ;
Surveyor General
Desertion and non-support, 18, 41, 291,
314-15
cases, 314-15, 342-3, 344 and n., 345
ledger, 346
non-support surety docket, 315
papers, 242
support orders, 342-4, 346
Detectives, license applications, 253
Detention home, see Juvenile detention
home
for women, 85, 115
Directors of the poor, see Poor directors
Director General of New Netherlands, 27
Disease, see Contagious disease
District attorney, 8, 14, 16, 21, 27, 43-5,
47, 49, 89, 108, 152, 160, 240, 294, 310-
15, 327, 333, 347n., 387, 400n.
compensation, 310-11
of assistants, 312-13
and county detective, 316-17
evolution and structure, 10, 310-11
and grand jury, 47, 311, 321
and licenses, 312
oath, 310
powers and duties, 44-5, 47, 311-14
qualifications, 310
records, 314-15
Divorce, 197, 207, 297
argument docket, 217
papers, 217
subpoenas, 299-300
Dockets, 206, 275
account, 282, 283n.
adjudication, 282-3
adoption, 287
appearance, 300
assigned estate, 216
attachment and bench warrant, 301
audit, 282
capias, 300
coroner’s inquest, 309
criminal, of controller, 398
detention home, 350
district attorney’s, 315
execution (death sentences), 241
execution, 301
extension, of prothonotary, 230
information and sessions, 241
inheritance tax, 269
inventory and appraisement, 281
juvenile court, 243
lien, 135-6, 197-8, 200, 227
liquor license, 252-3 and n.
marriage license, 284-6
minor estate, 280
naturalization, 249
non-support surety, 315
orphans’ court, 278-9 and n., 280n.,
28 In., 282n., 283n., 287n.
distribution, 282-3
oyer and terminer, 241 and n.
partition, 279-80, 284n.
prisoners’, 336
quarter sessions
civil, 243 and n., 245n., 253n.
criminal, 240, 241 and n., 242 and
n., 243n.
real estate sales, 283-4
register of wills, 264, 266
INDEX
551
road and bridge, 245, 462-3, 468
scire facias, 301n.
sheriff’s, 300, 301n.
sales, 301
summons, 300, 301n.
trial and argument, 239
Dogs
fund, 111-12
licenses, 56, 364, 368, 378-80
sheep damages, 141
Drainage projects, 488-9
Drunkards, habitual, 108, 191, 200, 207,
214, 256
Duke of York's laws, 3-5, 8, 28, 77, 96,
166, 231, 289, 294, 351, 408, 491-2
See also York, Duke of
Dunmore Borough, 411
Dutch, 3, 25, 27, 66
E
Eastern Penitentiary, 340
Education, 2, 24, 66-73
See also Schools ; and related topics
adult, 70-71
agricultural, 70, 72, 87, 505, 510
development, 66-73
extension, 70-71
for handicapped, 71-2
home economics, 70, 505-6, 510
industrial, 70, 72
organization, 67-73
for poor, 67, 145-6, 409
special, 69
vocational, 66, 69-71, 505-6, 510
Ejectment
actions of, 189
docket, 215-16
index, 206-7
proceedings, 203, 207
Elections, 1, 24, 58-66, 118-19, 150-54, 157-
65, 169, 186, 233, 273, 290, 361, 386-7,
452, 513
See also Candidates ; Registration com-
mission; Voters
ballot record, 163
betting on, 297
borough, 296
candidates’ expenses, 164, 251
certificates of, 65
code of 1937, 63-4, 192-3
contested, 62, 157, 193, 250
county officers, 14
districts, 58, 60-61, 64, 154-5, 158-9,
296
new, 160, 261
and quarter sessions court, 157
expenses, 106, 373, 398
frauds, 61, 312
general, 63
inspectors, 59, 64-5, 149, 158, 163-4
investigation of, 152
judge of, 64-5, 152, 158, 163-5, 193,
224, 296
local, 63, 259
local boards, 61, 64-6, 158-9
notices, 296, 305
officials, 59, 64, 65, 152, 164-5, 251-2,
296
overseers, 64
primary, see Primary elections
prothonotary and, 192-3
records, 87, 223-4
registration and, 59, 149-56
returns, 65-6, 159-60, 164, 192-3, 224,
246, 248, 250
board, 296
sheriff and, 296
special, 64, 165, 296
township, 296
watchers, 64, 158
writs, 157
Elections, county board of, 20, 24, 61-5,
119, 125, 152, 157-165, 193, 250n„ 251n„
296, 305n., 325
appeals from, 160
certificates, 160
employees, 158
evolution and structure, 157-8
expenditures, 160, 165
offices and funds, 158
powers and duties, 64-6, 158-61
552
COUNTY GOVERNMENT
Elections, county board of, cont.
and primaries, 1, 58-9
records, 161-5
Elections under wills, 277-8, 279
Electorate, 113, 117, 128; see Voters
Elk County, 23, 413, 433, 471
Eminent domain, 472-6
Engineers, 356, 478-9, 511
See also County engineer
England, English, 3, 25, 27, 289, 319
Enrollment office, 167
Equity, 29, 30, 35-6, 40
docket, 217-18
papers, 217
proceedings, 207
prothonotary and, 193
Erie County, 120, 271, 409, 414, 472
Poor District, 412
Estates
absentees’, 277
accounts, 214, 278
decedents’, 36, 39, 42, 87, 188, 2ul,
260-70, 277-8, 280-4, 288, 304
life, 297
minors’, 42, 280
papers, 284
Evans, Governor, 9, 30, 184
Exchequer, 5
Execution
docket, 220-21, 301
papers, 219-20
praecipes, 204
proceedings, 219-22, 231, 292-4
foreign, 220
Execution certificates, of death sentences,
241
Executors, 265, 270, 278, 282
accounts, 267, 282
bonds, 265-6, 280
papers, 265
Ex officio boards, 19-23, 24
See names of boards
Extradition, 314
Eye specialists, 442 and n.
F
Factors, taxes on, 363, 374n., 383
Farm, county, 428; see County home
Farm Credit Act, Federal, 175
Farmers’ High School, 69
Fayette County, 23, 271, 433, 471
Poor District, 412
Federal appropriations, 115
public assistance, 417, 420, 435, 436
vocational education, 70
Federal Bureau of Investigation, 318
Federal courts, 43, 79, 188, 193, 201, 203
Federal government, 2, 43, 58, 153, 174,
233, 387, 482
Federal Narcotic Law, 453
Federal tax liens, 27, 210-11
Federal Transient Bureau, 419
Fees, 20, 279, 297, 301, 309, 362, 379, 400,
404
clerk of courts, 233
clerk of orphans’ court, 273-4, 287
coroner, 307
license, 363-6
marriage license, 275
register of wills, 270
sheriff, 290, 297, 304
solicitor, 324
Felons, 320, 332, 353
register, 337
Fiduciaries, 37-8, 42, 262, 265-6, 268, 276,
278, 406
accounts, 214-15, 267, 276, 281-2
affidavits, 270
releases, 284
Fines and forfeitures, 57, 112, 138, 236,
275, 304, 346, 367
Fingerprints, 313-14, 335, 337, 347, 348
Firearms licenses, 57, 297, 303, 378 and n.
Firemen, 71, 143, 144
Fire wardens, 121, 143, 238, 242
Fishing licenses, 56, 364, 368, 377-8
Flood control, 86, 114, 181, 473
Forest County, 2, 23, 413, 433
Forest fires, cost of fighting, 143-4
Foster homes, 345-6, 417, 427, 433, 447-8
INDEX
553
Frame of Government, 5-6, 8, 166, 306,
360, 495
Franklin County, 409n., 471, 491n.
Poor District, 412
Freemen, 5, 28, 32, 258, 289, 306, 351
Free School Act of 1834, 67, 71, 72, 111,
145, 495-6
Fugitives from justice, 314
Fulton County, 23, 410 and n., 416, 433,
444, 471
G
General Assembly, 1, 5, 7, 14, 28, 32, 34-5,
38, 63, 70, 84, 86, 97, 124, 168, 187, 227,
258, 296
and appointment of register of wills,
38
and education, 495-6
powers regarding counties, 2-3, 29
General county law of 1929, 83, 168, 185,
232, 259, 273, 316-17
General Court of Assizes, 4, 27
General settlement act of 1718, 415
George-Reed Act of 1929, 58, 70
Gordon, Governor, 36
Governor, 3-6, 10-13, 24, 27, 28, 31, 33-4,
36-8, 123, 124, 150n., 160, 166, 168-9,
176, 181, 184 and n., 186, 231, 233, 235,
259, 272-3, 289, 291, 296, 306, 361, 386-7,
436-7, 465, 469, 491, 495-6
Grade crossing elimination, 117, 322
Grand jury, 16, 44-5, 47, 49, 84-7, 97, 105-
6, 113, 117, 204, 249, 257, 307, 319-23,
446, 463, 493
approval of public works, 320, 322-3
as auditors, 10, 385
cases for, 314-15, 320-21
choice of, 319-20
drawn by sheriff in colonial times, 6
tales de circumstantibus, 320
compensation, 320
decisions, 319
district attorney and, 311, 321
Federal, 321
inspection of county institutions, 320,
323
and magistrates, 320
oaths, 320
origin and evolution, 319
powers and duties, 320-23
presentments and indictments, 319, 321
qualifications, 319-20
records, 323
reports, 239, 257
sessions, 321
structure, 319-20
Grantee index, 173
Grantor index, 172-3
Great Law, 37
and poor relief, 408-9
and vital statistics, 77-8
Greene County, 74, 105, 471
Poor District, 412
Guardians, 243, 265, 275, 278-9, 284, 286
accounts, 203, 277, 280n., 281-2
bonds, 280
petitions, 284
Gypsies, licenses, 365
H
Habeas corpus, writ, 31, 39, 299
Harrisburg, 468, 515
Hawkers, license fees, 363-4
Health, 58, 73-7, 116; see also Depart-
ment of Health
boards, 74, 86, 387
officers, 122
High court of errors and appeals, 33-4,
263n.
High schools, 69, 70, 501, 510-11 ; see also
Schools
Highways, 57, 83-4, 209 ; sec also Bridges ;
Department of Highways ; Roads
county aid, 83-4
King’s, 469
liquid fuels tax and, 85
legislation, 83-4
maps, 138
overseers, 5
townships and, 83
Historical societies, 116
Home, county, see County home
554
COUNTY GOVERNMENT
Home for delinquent women, 85, 115
Home for training in speech of deaf chil-
dren, 72
Home economics, 70, 505-6, 510
Honesdale Borough-Texas Township
Poor District, 410n.
Horses, 291
importers of, 203
thieves, rewards for capturing, 235
Horticultural societies, 116
Hospitals, 75, 420
charitable, 116
mental, 48, 292, 305, 418, 433
nonsectarian, support of, 76
petitions for, 145
State, 107, 426, 429n.
tuberculosis, see Tuberculosis sana-
torium
for women with nervous disseaes, 118,
391
House of correction, 415
House of detention, see Juvenile detention
home
Housing authority, 122
Humane societies, 116
Huntingdon, 47, 106, 235
Huntingdon County, 513
Poor District, 412
Hunting licenses, 56, 110, 303n., 364, 368,
377-8
Hydrophobia, 421
I
Indentured servants, 231, 258, 415, 427,
433, 444
See also Apprentices
Indiana County, 74, 289n., 413, 472
Indictments, 44-5, 47, 239, 311, 313, 319,
321, 336, 349
Industrial home for children, 115, 445-6,
449-50
See also Children’s home
board of managers, 445-6
employees, 446
expenses, 445-6
parole and discharge, 450
records, 449-50
accounts, 446
reports, 446
requirements, 445
superintendent, 446
Industrial schools, 48
See Children’s home; Industrial home
for children ; Juvenile detention home
for boys, 444-5
for girls, 445
Inheritance taxes, see Taxes
Injunctions, 39, 207
Inquests, 43-4
coroner’s, 148, 307, 309, 399n.
sheriff’s, 293
Insane
See also Lunatics
care of, 75, 82, 107-8, 292, 311, 418-19
hospitals for, 48, 292, 305, 418, 433
inmates of county home, 424
Insanity
acquittals for, 48
investigation of, 321
Insolvency, 192, 216
Inspector of weights and measures, 17, 49
See also Sealer of weights and measures
Institutional relief, 1, 24, 82-3
Institution district, 8, 22, 24, 51, 75, 81, 83,
120, 369, 408-31, 441n.
See also Assistance ; County home ;
Poor district
accounts, 58, 388, 391, 429-30 and n.
board, 125, 408-31
bonds, 421
budget, 421
contracts, 420
employees, 421
evolution, 408-14
finances, 421
and mental hospitals, 418
powers and duties, 414-15, 417-22
records, 421-31
administrative, 423-4
financial, 391, 429-30
indoor relief, 424-8
INDEX
555
outdoor relief, 428-9
reports, 421, 430
and treasurer, 362
Institutions, 3, 437
agreements with controller, 401
charitable, 8, 116, 147, 438
State-aided, 72
for insane, 107 ; see Insane
Insurance, 441-2
companies, 178
county policies, 127, 401
Intangibles, 51
tax on dealers in, 383
Internal revenue districts, 453
Interpreters, 101
Inventories and appraisements, 10, 262,
266-7, 270, 278, 281
See also Appraisements
J
Jails, see Prisons
Jail warden, see Prison warden
Jefferson County, 74, 413
Jenkins Township, Pittston Borough and
Pittston Township Poor District, 410-11
Judges, 47, 52, 108, 147, 159, 204, 208, 240,
242, 290, 303, 305, 311-12, 352, 355, 470,
516
See also names of courts
appointment of, 5, 32-4
associate, 15-16, 33-5, 53
election of, 34
president, 12, 21, 33-4, 112, 122, 197,
295, 317, 326, 352-3, 391, 516
on prison board, 46
qualifications, 34n.
Judges of elections, see Elections
Judicial districts, 25, 27, 33-4
Judiciary, 1, 12, 16, 25, 27ff., 39-42, 184
See also Judges; nnd names of the
courts
acts, 9
of 1701, 29-30, 35
of 1710-1711, 30-31, 35
of 1715, 30-31, 35
of 1722, 31
of 1759, 31
of 1767, 31
of 1777, 33
of 1789, Federal, 43
of 1851, 34
Judgments, 27, 89, 132-3, 187-9, 190-91,
194, 203, 206, 220, 230, 231, 301, 358,
389
dockets, 187-190, 200-202, 206-7, 209-
10
Federal court, 201
justices of the peace, 208
prothonotary’s record, 199-202
in workmen’s compensation, 212-13
Juniata County, 289n., 410n., 414, 416
Jury, 32, 47, 118, 203-4, 231, 234, 240, 275,
295, 320, 399n., 400n.
See also Grand jury; Jury board; Jury
commissioners
coroner’s, 43, 255, 307, 309
fees, 144, 249, 304, 320, 373
prothonotary and, 194
records, 208-9, 296, 302-3
book, 209, 250, 302, 354
lists, 208, 250, 302, 353-4
papers, 249-50
time book, 209
selection, 351-4
service, 302-3
sheriff and, 295-6
wheel, 106, 118, 208, 249, 295, 303,
319-20, 351-3
Jury board, 295, 320, 352-3 and n.
Jury commissioners, 15-16, 49, 204, 249,
250, 295, 302n„ 303, 320, 351-4
See also Jury
clerk, 352-4
evolution and structure, 351-2
oath, 352
powers and duties, 352-3
qualifications, 351
records, 353-4
minute book, 354
Justices, 8, 28, 31, 43, 49, 96, 231, 289, 385
Justices of the peace, 5, 28, 31-3, 35, 45,
46, 80, 81, 103, 110, 115, 120, 166, 170,
556
COUNTY GOVERNMENT
Justices of the peace, cont.
176, 186, 201, 232, 272-3, 314, 398, 415,
429n., 470
See also Aldermen ; Magistrates
appeals from, 207
bonds, 177
and bounty claims, 141
coroner, may act for, 44, 307
dockets, 207
judgments, 208
jurisdiction, 42
papers, 208
and poor relief, 7, 408-9
prothonotary as clerk of, 194
returns, 241
suits, 208
Juvenile court, 41, 48, 115, 243-4, 291, 349,
392, 399n„ 441n„ 445-7, 501
See also Children ; Quarter sessions
court
dockets, 243
laws, 41-2, 349
papers, 243
parole of children, 446
Juvenile detention home, 42, 48, 119, 349-
50, 392
See also Children’s home ; Industrial
home for children
board of managers, 297, 392
evolution and functions, 349-50
records, 350, 400n.
K
Keith, Governor, 31, 35
Kennel licenses, 364, 379
King in council, 32
King’s highway, 11
L
Lackawanna County, 146, 271, 410-11, 418
Lakeview Poor District, 411
Lancaster, 34
Lancaster County, 13, 105, 169n., 233n.,
260n„ 271, 327, 333, 415, 418, 471, 491n.
Poor District, 411-12
Land, see also Real estate; Seated land;
Unseated land
applications for, 466-7
conveyance of, 215-16
county purchase of, 322-3
grant or sale of, 9, 464, 466-7
patents, 25-6, 167, 173, 180, 197, 227,
464-5
purchase or condemnation, 472-3
records, 466
returns, 135-6
subdivision, 180, 479
surveys, 25, 166, 197, 465, 467
transfers, record of, 132
unpatented land, 465-6, 468
warrants, 9, 464-8
warrantees, 25, 227
maps, 180, 468
Land Office, 9, 25, 167, 172-3, 464, 466, 468
Law examiners, county board of, 224-5,
288
Law library, 112, 516-17
committee, 228, 516-17
records, 228, 516-17
evolution, 516
Lawrence County, 386, 414, 471
Laws
books, 108
development, 43
digest of, 114-15, 311
enforcement, 43-8, 341
local, 2, 413
officers, 43-5
pamphlet, 227
special, 13, 120
students, 224-5, 288
violations, returns of, 241
Laws Agreed upon in England, 5, 6, 10,
37, 258
and vital statistics, 77
Lawyers, see Attorneys
Leases, 127
Lebanon County, 472, 491n.
Poor District, 412
Ledgers
commissioners, 142-3
controller, 396-7
sinking fund, 403
INDEX
557
medical certificates, 285
Legacies, 182, 278, 280
Legislature, see General Assembly
Lehigh County, 271, 327, 471, 491n.
Poor District, 412
Letters of administration, 10, 28, 37-8, 42,
258, 260, 261, 265-7, 278-9
Letters testamentary, 260-61, 265-7, 277-9
Levies, 301, 390
Libraries, 52, 114
See also County library ; Law library
municipal, 514
school, 505, 508
Licenses, 56-7, 224-7, 252-4
amusement, 363, 383
automobile, 365
beverage, 56-7, 312, 365-6, 376
collection of fees and taxes, 57, 363-6,
374
dance halls, 312, 365, 375-6
deer, 377
detective, 253
dog, 56, 364, 368, 378-80
firearms, 57, 297, 303, 378 and n.
fishing, 56, 364, 368, 377-8
gypsies, 365
hawkers, 363-4
hunting, 56, 110, 303n., 364, 368, 377-8
kennel, 364, 379
liquor, 252, 365-6, 376-7
marriage, 57, 258, 275, 284-6
mercantile, 56, 363-5, 374-6, 382-4
peddlers, 196, 227, 236, 253, 364
small loans business, 253-4
soldiers, 227
stallion, 226, 254
tavern, 231, 365-6
transient medical practitioners, 253
wild pigeons, 365
Liens, 26-7, 135, 136, 197-8, 201, 203, 206,
278, 293, 358
dockets, 135-6, 197-8, 200, 227
mechanics’, 27, 189, 201
records, 211-12
State, 302
tax, 27, 54, 192, 209-11, 390
Federal, 210-11
ledger, 136
workmen’s compensation, 212
Lieutenant Governor, 296
Liquid fuels tax, 57, 85, 123, 148, 402
liens, 27
Liquor, 291, 314, 335
Control Board, 57, 366
law violations, 242
licenses, see Licenses
Livestock, damage to, 111-12, 141
Logan, James, Attorney General, 9
Lunatics, 191-2, 200, 207, 214, 305
See also Insane ; Insanity
Luzerne County, 74, 146, 271, 289n., 293n.,
327, 409n„ 410-11, 418, 444, 471
Lycoming County, 41 On., 471, 472
M
Madison Township, Columbia County,
410n.
Magistrates, 44, 184n., 297
See also Aldermen ; Justices of the
peace
courts, 34
and grand jury, 320
jurisdiction, 42
prothonotary as clerk of, 194
Mandamus, 39, 203
Manslaughter, 307
Maps, 101, 244, 315, 515
assessment of property, 133
in commissioners’ office, 146-7
county engineer, 463
mosquito extermination commission,
489
planning commission, 479
recorder of deeds, 180-81
right of way, 463
roads and bridges, 133, 138, 146, 181
State highway, 138, 180-81
veterans’ graves, 140-41
warrantee, 180, 468
Marriage
certificates, 258, 285-6
licenses, 10, 57, 275, 284-5
applications, 284-5
docket, 284-6
medical certificates, 285
558
COUNTY GOVERNMENT
Marriage, cont.
licenses
returns, 285
special, 275
register, 10, 37, 77-9, 258, 269
Married women, written instruments, 179
Master of the rolls, 5, 25n., 166-7
Mayor of New York, 27
McKean County, 413
Mechanics’ liens, see Liens
Medical inspectors, 76, 86
Medical practitioners, 253, 320, 338, 353,
454, 457
record of transient, 253
registry of, 79, 225
Medical service, non-profit, 439
Memorial Day, 109
Mental defectives, care of, 75, 108
See also Insane ; Insanity ; Lunatics
Mental Health Act of 1923, 48, 75
Mercantile appraiser, 14, 16, 121, 254, 364,
368, 382-4
powers and duties, 382-3
records, 375, 383-4
notices, 383
Mercantile licenses, see Licenses
Mercantile taxes, see Taxes
Mercer County, 267n., 418, 471
Poor District, 412
Middle Coal Field Poor District, 411
Midwives register, 78-9, 226
Mifflin County, 289n., 471
Poor District, 412
Military affairs, see Soldiers; Veterans
and county commissioners, 109-10
records, 138-41, 454
Military camps, 291
Military fund, 381
Military offenders, 334
Military organizations, 3
See also Veterans
Military service, 169
exemption, 260, 273
fines, 138
records, 109, 182
voting in, 65, 159, 163
Mines, 307, 472-3, 493
examiners and inspectors, 146
maps, 146
Minors
estates, 280
marriage of, 286
Minute books, 89
auditors, 392
board for assessment and revision of
taxes, 359
board of revision, 359
boards of trustees for assistance
funds, 440
board of zoning adjustment, 483
clerk of courts, 236-7
commissioners, 124, 133, 161n., 359n.,
423n.
common pleas court, 198 and n., 276n.
election board, 161
institution district board, 423
jury commissioners, 354
mosquito extermination commission,
488
orphans’ court, 276
park board, 485
parole board, 341
poor directors, 423
prison board, 330
quarter sessions court, 253n.
recreation board, 485
register of wills, 270
registration commission, 153
retirement board, 407
salary board, 405
school directors, 502
sinking fund commission, 403
tuberculosis sanatorium, advisory
board, 543
Misdemeanors, 311, 319
Monroe County, 413, 471, 478
Montgomery County, 74, 169n., 233n.,
260n„ 271, 289n„ 327, 471, 484, 491n.
Poor District, 412
Montour County, 307, 410n.
Morganza training school, 107
Morgue, 117, 307-8, 322-3
Mortgages, 26, 51, 89, 166-7, 171, 172n.,
174-6. 188, 189, 270, 275, 292, 301
assignment, 26, 175, 200
INDEX
559
book, 132, 179n.
and prothonotary, 191-2
Morticians, see Undertakers
Mosquito extermination commission, 24,
118, 487-9
appropriation, 487-8
established 76, 487
petitions for, 145
powers and duties, 487-8
records, 488-9
Mothers’ assistance, see Assistance
Motor vehicles, 71, 226
See also Automobiles
affidavits, 254
code, 235
titles to county-owned, 126
Muncy, 47, 235
Municipalities, 24, 85, 149, 158, 369, 371,
377, 397-9, 488
See also Boroughs ; Cities
boundaries, 41, 473
buildings as registration places, 151
county accounts with, 399
debt, 248
liens, 27, 209-11, 212
officers, 43, 63
ordinances, 42, 45, 183
records, 182-3, 245-8
special assessments, 192
treasurer’s report to, 367
Murder, 234, 241, 307, 313, 349
N
Names, changes in, 207, 218
Narcotics, 453, 457-8
prisoners and, 337
record, county home, 426
National Guard, 116
National Youth Administration, 512
Naturalization, 218-19, 376
laws, 193-4, 249n.
and prothonotary, 193-4
records, 153, 156, 218-19, 249 and n.
docket, 218, 249
Naval reserve units, 116
New Amstel, 27
New Castle, 5, 28
New England townships, 1
New Milford Township, Susquehanna
County, 410n.
New Netherlands, 27
New York, 35
Nolle prosequi, 47, 311, 314
Nominations, 64, 162
See also Candidates ; Primary elections
certificates, 305
papers, 162
petitions, 61, 159, 161-2
Non-support, see Desertion and non-sup-
port
Normal schools, 72-3
Act of 1857, 73
Northampton County, 327
Northumberland County, 145, 327, 410n.
Notaries, 182
Nurses, 78, 338, 458
O
Oaths and affirmations, 98-9, 187 and n.,
233, 235, 261-2, 273, 275, 310, 324, 329,
389-90, 406-7, 482
of allegiance, 183
grand jury, 320
official, 98, 125, 169, 177, 237-8, 260,
273, 290, 306, 310, 317, 324, 333,
343, 352, 355, 361, 387, 406-7, 465,
470, 474, 482, 497
prothonotary’s record, 198-9
Old age assistance, see Assistance ; Pen-
sions
Optometrists, certificates, 225
Orders, court, see Court orders
Ordinance of 1707, 184
Ordinances, municipal, 42, 45, 57, 183, 246
Orphans’ court, 10, 13, 29-35, 40, 181-2,
198n., 258, 260-63 and n„ 267n., 273-5.
280-1, 284n., 291, 441n.
See also Clerk of orphans’ court
accounts, 281-2, 283n.
and Act of 1712-13, 37
and Act of 1832, 38
and Act of 1917, 42
agreement list, 278
and Constitution of 1874, 38
560
COUNTY GOVERNMENT
Orphans’ court, cont.
development, 36-9, 271
docket, 278-9 and n., 281n., 282n.,
283n„ 287n.
judges, 274-5, 288
jury trials, 275
lawyers, 288
partition proceedings, 279
powers and jurisdiction, 39, 42
proceedings, 274-5, 277-8
record, 274-5
rules, 276
and sheriff, 304
Orphans, 4, 39, 72, 408
Osteopaths, register, 226
Osteopathic Examiners, Board of, 226
Overseers, 3-5, 28, 351, 490-2
Overseers of the poor, see Poor, overseers
of the
Overseers, town, 96, 295
Oyer and terminer and general jail deliv-
ery, 28, 30-33, 41-2
See also Quarter sessions court
court, 240, 249n., 252, 257, 290
docket, 241 and n.
papers, 239-40, 241n., 242n.
P
Parishes, 3, 96, 295
Parks, 52, 77, 114, 478, 484
Park board, 77, 122, 484-5
See also Recreation board
established, 484
records, 485
Parochial schools, 66
Parole, 18, 41, 240, 341
See Probation ; Probation and parole
officers
of children, 446, 450
orders, 239
from prison, 342
reports, 345
Parole board, 18, 341
evolution and duties, 341
records, 341
Partition
docket, 27, 215, 279-80, 284n.
proceedings, 27, 197, 207, 215, 279, 283
Partition fences, 11
Partnerships, 180, 228
Pasteur treatment, 421
Peddlers
bonds, 203, 253
licenses, 196, 227, 236, 364
Penal institutions, 18, 235, 241
See Prisons
Penn, William, 5, 7, 9, 28, 35, 166, 231,
306, 319, 322, 360, 464, 495
Pennsylvania Industrial School, 47, 235,
340
Pennsylvania Institution for the Instruc-
tion of the Blind, 72
Pennsylvania Motor Police, 43, 46, 312,
314 and n., 335
Pennsylvania School for the Deaf, 72
Pennsylvania Soldiers’ Orphans School
Home, 72
Pennsylvania State College, 69, 86-7
Pennsylvania State Nautical School, 72
Pennsylvania State Oral School for the
Deaf, 72
Pennsylvania Training School, 48
Pensions, see Assistance
blind, 420, 434
old age, 420
soldiers’, 288
Perry County, 23, 433, 471, 491n.
Poor District, 412
Personal property, 51, 299, 357, 358
See also Taxes
reports, 270
sales, 299, 301
Petitions, 84, 117, 145, 220, 231, 239, 242-3,
247, 249, 251, 256, 265, 277-9, 284, 286,
305, 314, 359, 386, 472, 474, 487
adoption, 287
for appointments, 237
boroughs, regarding, 246
liquor license, 252
nomination, 61
for orphans’ court sales, 283
INDEX
561
parole, 341
for roads, 469-70
for second view, 471
toll bridge, 245
Philadelphia, 10, 16, 29, 32, 34, 72, 167-8
258, 415
Central High School, 69
corporation court, 32
court on common pleas, 36-7
Philadelphia County, 2, 15, 18, 28, 42n,
49, 97, 271, 293n., 316, 326, 333, 382, 385^
404
Photostatic reproduction of records, 88
Physicians, see Medical practitioners
Pike County, 23, 414, 416, 433, 472, 513
Pillories, 332
Pittsburgh, 34, 69, 72
Planning boards, local, 479
Planning commission, 77, 122, 478-9
See also Zoning commission
duties, 478-9
evolution and structure, 478
joint, 478
records, 479
maps, 479
regional, 478
reports, 478-9
as zoning commission, 479-80
Plans, 180, 396
See also Maps
county engineer, 462
roads, 181
schools, 511
Playgrounds, 52, 77, 478, 484-6
Police, 71, 348-9
agencies, 304
and elections, 65
industrial, 176
inspection, 314
powers, 43, 45
railroad, 177
Political affiliation, changes in, 60, 151
Political committee, treasurer’s report
251 ’
Political parties, 61, 64, 153-4, 156, 158-9
351, 436
State and county chairmen, 158
Potter County, 413, 471
Power of attorney, 205, 279
Poor, citations for removal, 292, 342, 415
Poor directors, 74, 81, 120, 399n., 411, 413,
414, 427, 430, 435
See also Assistance; Institution dis-
trict ; Poor districts
appointed, 411
compensation, 412
county commissioners as, 81, 412-13
established, 13
powers and duties, 411-12, 415-19
421, 423n.
records, 421-31
accounts, 373, 412, 429-30
minute book, 423
outdoor relief, 428n.
and tuberculosis sanatorium, 451
Poor districts, 13, 22, 107, 120, 418, 434
See also Assistance; Institution dis-
trict, Poor directors ; Poor, overseers
of the
abolished, 81, 120
borough, 410-11, 414
city, 410
county, 13, 411-15
created, 413
financial reports, 248, 430
joint, 410 and n.
mixed, 81, 411
records, 421
special, 410-11
and Talbot Act, 435
township, 410-11, 414
and tuberculosis sanatorium, 451
Poorhouse, see County home
Poor Laws, 1, 409, 413-14, 451
Poor, overseers of the, 7-8, 80-1, 119-20,
409-10, 413, 415, 432, 435
See also Assistance; Institution dis-
trict ; Poor districts
abolished, 411
compensation, 412
powers and duties, 415-19
selection, 119-20, 409-10
562
COUNTY GOVERNMENT
Poor relief, see Assistance ; County home ;
Department of Public Assistance ; Pen-
sions ; Poor directors ; Poor districts ;
Poor, overseers of the ; Institution dis-
trict
Poor tax, 4, 51, 131, 369-70, 409, 416, 421
Poor warrant register, 398
Praecipes, 204, 217, 239
Precepts, 4, 52, 249, 358
Prerogative court, 36-7
Presentments, 257, 321
President, nominations, 63
President judge, see Judges
President of Supreme Executive Council,
12, 32, 33, 258
Primary elections, 58-9, 60-62, 63, 65, 144,
150-4, 157-9, 163, 224
See also Elections ; Registration ;
Voters; Voting
expenses, 144
nomination petitions, 61, 159, 161-2
returns, 65, 159
withdrawals, 162
Printz, Governor, 27
Prisons or jails, 41, 46-7, 52, 85, 97, 105-6,
119, 144, 292, 294, 313, 326-32, 342, 349,
350, 389, 415
See also related subjects following
accounts, 331, 339, 398
cell register, 340
commitments, 336-8, 340, 342
contracts, 329
deaths in, 307
detainers, 336
discharges, 311, 336-8
employees, 328-9, 331, 335
expenses, 144, 294-5, 328, 330
felon register, 337
inspection, 329, 344-5
labor, 119, 326, 328, 330-31, 334
account book, 331
management, 327-9, 334
reports, 338-9
requirements, 332
rules and regulations, 329
terms, 47
transfer of inmates, 340
Prison authorities, 20-22, 326-31
board, prison, 21, 46-7, 294-5, 328
created, 326
members, 326, 333
records, 329-31
minute book, 330
board of inspectors or managers of
prison, 21-2, 46-7, 294, 312, 326-7,
328, 333, 339n„ 392
appointment of employees, 335
organization, 327, 329
powers and duties, 327-9
records, 329-31
compensation, 328
evolution and structure, 326-8
powers and duties, 327-9
records, 329-31
financial, 330-31
meetings, 330
supervision of labor, 330-31
Prison keepers, 22, 333
Prison marshal, 21, 294, 326, 332
Prison warden, 21-2, 46, 313, 314, 326,
329, 332-40
appointment, 47, 294, 326, 327, 332-3
appointment of employees, 335
evolution and structure, 332-4
oath, 333
powers and duties, 334-5
records, 336-40
accounts, 339
reports, 335, 338-9, 340
restrictions, 333, 335
salary, 328-9, 334
sheriff as, 294, 333
Prisoners, 235
calendar of, 329, 335
criminal record, 337
discharge of, 311
docket, 336
education, 339
fingerprints, 335, 337
medical care, 337-8
photographs, 335, 337
property, 339
INDEX
563
transfer of, 241, 335
United States, 334, 339
wages, 328, 330
of war, 334, 339
Probate court, 37
Probate of wills, see Wills
Probation, 41, 341
See Probation and parole officers
of adult first offenders, 342
releases, 239, 345
Probation and parole officers, 18, 49, 341-
8, 400n.
accounts, 343, 346-7, 388, 391
appointment, 342
compensation, 343-4
criminal identification papers, 347
evolution and structure, 342-3
juvenile, 244, 350
oath, 343
powers and duties, 343-4
qualifications, 342-3
records, 344-8
Processes, service of, 234, 278, 290, 292-4,
299-301
Property
claims, 305
county, 394, 401
liens, see Liens
personal, see Personal property
real, see Real estate or property
unlawful use, 291
Proprietary government, 5ff„ 10, 25, 29,
32, 66-7, 96-7, 231-2, 258, 289, 296, 306,
319, 326, 332, 351, 360, 385, 408-9
Prosecution, see District attorney
Provincial Council, 5, 6, 28-9, 36, 97, 166,
469, 495
Provincial Court, 29, 30, 35
Prothonotary, 8, 12, 14, 16, 26, 30, 49, 61-
2, 87, 89, 98, 122, 159, 161, 164 and n„
172n., 174 and n„ 176, 184-230, 249n.,
250n., 272, 275, 287n„ 288, 290, 292, 297,
298n., 299n., 300n., 302 and n., 305n.,
353, 355, 358, 361, 372n„ 387, 465, 516
See also Common pleas court
and appeals, 194
and arbitrators, 189-90
and associations, 191
and attachment proceedings, 192
bond, 186
and clerk of courts, 184-5, 232
clerk of common pleas court, 184, 186,
188
clerk of magistrates and justices of
the peace, 194
as clerk of orphans’ court, 272
and clerk of the peace, 9
and deeds and mortgages, 191-2
deputy, 186
and equity proceedings, 193
evolution, 9, 184-5
and judgments, 194
and juries, 194
and naturalization, 193-4
powers and duties, 9, 186-98
qualifications, 185-6
and recorder of deeds, 168, 170
records, 27, 186-7, 197-230
accounts, 195, 229-30
appearance and common pleas
papers and dockets, 202-7
arbitration, 213-14
auditors’ reports, 205
conditional sales, 222-3
court proceedings, 196-7
daily record, 132-3, 196
divorce, 217
D. S. B. papers and docket, 206
ejectment, 206-7, 215
elections, 223-4
equity, 217-18
executions, 219-22
extension docket, 230
fee book, 229
fictitious names, 223
fiduciaries’ accounts, 214-15
judgments, 206
docket, 187-9, 190, 200-202
scratcher, 199-200
juries, 208-9
justices of the peace, 207-8
licenses and registration, 224-7
564
COUNTY GOVERNMENT
Prothonotary, cont.
records
lists of lands, 197-8
lunatics and habitual drunkards, 214
mechanics’ liens, 211-12
minute book, common pleas, 198
and n., 276n.
naturalization, 218-19
oaths and bonds, 198-9
partition, 215
powers of attorney, 205
road damage claims, 205
State appropriations, 219
tax and municipal liens, 209-11
trial lists, 189, 199
deposit ledger, 230
and register of wills, 259
reports, 132-3, 155-6, 229
in second to fourth class counties, 185
and sheriff’s or coroner’s deeds, 195,
293
sheriff as substitute for, 297
and taxes, 192, 195
writs, 189-90, 194-7, 201-2
Public assistance, see Assistance ; County
home ; Department of Public Assis-
tance ; Institution district ; Poor direc-
tors ; Poor districts ; Poor, overseers of
the
Public charge tax, see Poor tax
Public School Employees’ Retirement
Board, 504
Public service companies, 155, 292
Public Utility Commission, 292
Public works, see County
Q
Quarter sessions court, 14, 18, 21-2, 24,
30, 32-4, 40, 42, 45, 47, 84-7, 98, 105-6,
123-4, 160, 168, 184, 193, 198n„ 232, 234,
236, 239-41, 244-5, 247, 249n., 252, 257,
291, 309, 316-17, 322, 326, 329, 332-5,
341, 345, 361, 365, 413, 446, 462, 465,
470-2, 474n., 475, 479, 492
See also Clerk of courts; Oyer and
terminer
appeals, 235
appointment, 237
costs, 255
court bonds, 238
and elections, 64, 157, 250
judges, 294, 327
as juvenile court, 41, 243-4, 349
powers and jurisdiction, 35, 37, 41
and probation and parole, 342-4
proceedings, 236-7, 242-3
records
civil docket, 245n., 252n., 253n.
civil papers, 242-3 and n., 245n.,
248n„ 250n„ 251n„ 253n„ 256n.
criminal docket, 240-41 and n., 242
and n., 243n.
criminal papers, 239-40, 241n.,
242n., 250n., 255n„ 257n.
general papers, 238n.
minute book, 253n.
Quo warranto, 39
R
Radio amateur league, 116
Railroads, 77, 473
maps, 133
negligent employees, 312
police, 177
rights of way, 113
writs served on, 292
Real estate deputy of sheriff, 298
Real estate or property, 51, 179, 207, 277,
280, 358, 421, 478
See also Land; Seated land; Taxes;
Unseated land
brokers, 155
condemnation, 19, 196, 203, 207, 301
conveyance, 4 ; see Deeds
county-owned, 99
court proceedings, 200, 207
levy, 299
liens, see Liens
mortgages, see Mortgages
returns, 132
sales, 299, 301
sales docket, 283-4
Receiver General, 9
INDEX
565
Recognizances, 238, 315
Recorder of deeds, 8, 12, 14, 16, 26, 37, 49,
87, 89, 166-83, 185, 188-9, 197, 200, 220n.,
228n., 231, 239n., 260, 279n., 306, 355,
358, 362, 372n., 465, 482
See also Deeds ; Mortgages
appointment, 168
collection of taxes, 170
combined with other offices, 169, 185,
259, 273
compensation, 169-70
deputy, 170
election, 168
evolution, 166-9
oath and bond, 169
powers and duties, 170-1
as prothonotary, 170
qualifications, 169
records, 171-83, 483n.
accounts, 183
commissions, oaths and bonds, 170,
176-8
contracts, 179-80
conveyances, 172
corporations, 178
deed book, 172, 174n.
decrees of orphans’ court, 181-2
dental register, 182
encumbrances, 174-6
fee book, 183
limited partnerships, 180
maps and plans, 180-81
mortgages, 174-6
municipal, 182-3
notaries’ register, 182
reports to commissioners, 132
zoning papers, 181
Recreation areas, 114
Recreation board, 77, 122, 484-6
See also Park board
established, 484
organization, 484
records, 485-6
minutes, 485
Referees, 190, 213-14
Reformatory, 292, 340, 342
See also Children’s home; Industrial
home; Juvenile detention home
Register General, 10, 13, 37-8, 258-9
Register of wills, 8, 10, 12, 14, 16, 33, 37-8,
49, 87, 89, 176, 185, 258-270, 276, 278n.
See also Clerk of orphans’ court; Let-
ters of administration; Letters testa-
mentary; Wills; etc.
appeals, 263 and n.
appointment, 38, 258-9
bonds, 177, 260, 262, 365
citations, 261, 279, 282
as clerk of orphans’ court, 272-3
as collector of inheritance tax, 262
combined with other offices, 259
compensation, 260
court, 33-4, 37-8, 261n., 263 and n.
abolished, 35, 38
docket, 266
deputy, 263, 280
election, 259
and elections, 263
evolution and structure, 10, 258-60
oath, 260
powers and duties, 38, 258, 260-3
qualifications, 259-60
and recorder of deeds, 12, 168
records, 264-70
accounts, 270
commissions, 266
docket, 266
inheritance taxes, 268-9
inventories and appraisements, 266-7
record book, 267
wills and administration, 264-6
reports, 269, 400n.
solicitor, 263
State association, 263
and vital statistics, 78, 269
Registers, 224-7, 252-4
admission of attorneys, 224
automobile, 226, 291
birth, 10, 269, 286
bond, 394
566
COUNTY GOVERNMENT
Registers, cont.
burial, 10
cemetery, 426
death, 269, 286
dentists, 225
felon, 337
inmates of county home, 424
law students, 224, 288
letters of administration, 10
marriage, 10, 269
medical, 225
midwives, 226
optometry, 225
orders, commissioners’, 142-3
osteopathic, 225
sinking fund, 403
stallion, 226, 254
vagrant, 424
veterinary surgeons, 226
visitors to county home, 430-31
warrant, 399
Registrars, 60, 150, 152-3, 156, 399n.
Registrars of vital statistics, 77-9, 155
Registration commission, 19-20, 24, 60, 79,
119, 125, 149-56, 325
See also Elections; Voters; Voting
employees, 152-3
evolution and structure, 149-50
funds, 153
powers and duties, 60-1, 150-3
records, 153-6
appeals from, 153
district register, 151-4
general register, 151-2, 154
minute book, 153
petitions, 156
reports of deaths, 155
street lists, 154-5
rules, 152
special, 150n.
structure, 150
Registry assessors, 18, 59 and n., 149, 156
Releases
damages, 138, 475
fiduciaries, 284
guardians, 279
from probation or parole, 345
Relief, see Assistance and related subjects
Relief, Civil War soldiers, 139
Rents, 297
agencies, 155
claims, 305
Retirement board, 122, 392, 406-7
annuities, 407
creation, 406
oath, 406-7
payments, 406
records, 407
minute book, 407
reserve accounts, 406
and treasurer, 367
Revision, board of, 15, 53, 99, 101, 125,
177, 196, 355-9, Appendix D
appeals from, 101, 357
employees, 356-7
evolution and structure, 355-6
minute book, 359
oaths, 355
powers and duties, 356-8
Revision, board of assessment and, 15, 52-
3, 171, 173n., 176n., 355-9
employees, 356
evolution and structure, 355-6
minute book, 359
powers and duties, 356-8
records, 359
reports, 358
vacancies, 356
Revision, board of assessment and, Ap-
pendix D
Revolutionary War, 5, 29, 31-2, 59, 82
Ridings, 3-4, 28, 80, 289, 322, 408, 490
Roads, 5, 11, 24, 41, 83-4, 96, 104-6, 113,
117, 121, 322, 462-3, 468-70, 478-9
See also Department of Highways;
Highways
accounts, 398-9
caretakers, 121
construction and repair, 1, 6, 244-5,
462-3, 469-70, 474
commissioners and, 137-8, 474n.
county and State aid, 83
INDEX
567
county line, 474
damages, 83-4, 138, 205, 469-71
districts, 83
docket, 462-3, 468
laws, 469-71
maps and plans, 133, 138, 146, 181
papers, 244-5 and n.
petitions, 137
prison labor, 334
private, 11, 469-70
supervisors, 244, 409n.
tax, 83, 104, 369, 370
underground, 479
vacating, 12, 469, 470
work for unemployed, 435
Road viewers, 11, 12, 14-5, 19, 236, 475
See also Viewers
Rome, 289
Rouse, Henry R., 105
Rules of court, see Court rules
S
Salaries, 20, 104, 142, 147, 397, 404-5
Salary board, 20, 150, 170, 234, 263, 274,
297-8, 308, 312-13, 317, 334, 387, 391-2,
404-5, 452, 476
appeals from, 405
and county finance, 48
creation, 404
organization, 404-5
powers and duties, 48, 404-5
records, 405
minutes, 405
and treasurer, 367
Sales
automobiles, 254
conditional, see Conditional sales
orphans’ court, 283-4
personal property, 299, 301
sheriff’s, 200n., 222, 292-3, 298-9
301-2
tax, see Taxes
Sanitary Water Board, 86
Sanitation, see Health
Schools, 15, 52, 66-7, 115, 145-6, 444-5
496, 506-7
See also Children; Department of Pub-
lic Instruction ; Education ; High
schools ; School directors ; School
districts ; Superintendent of schools ;
Superintendent of Public Instruction;
Teachers
buildings, 86, 511
church, 496
consolidation, 71, 506, 508
for deaf and blind, 83
directory, 511
and employment of children, 501
evolution, 66-7, 495-6
fire regulations, 500
free school act, 495-6
funds, 73, 111
grounds and buildings, 86, 500, 511
inspectors, 67, 496
and juvenile court, 392
libraries, 505, 508
one-room, 71, 511-12 and n.
principals, 505-6, 511
property, 508
records, industrial home, 449-50
as registration places, 151
reports, 501, 504, 510
rural, 76
sinking fund, 508
special, 72
State-aided, 72
State-owned, 72
taxes, 51, 54, 73, 111, 358, 370, 508,
511
township, 71
transportation of students, 71, 508
510-11
tuition for non-residents, 505
vocational, 70-1, 505
School Code of 1911, 68-9, 72, 447
School directors
See also Education; High schools;
School districts ; Superintendent of
schools ; Teachers
association, 511
board of, 15, 54, 66-8, 73, 85-6, 387
464, 500, 508-9, 511-12
568
COUNTY GOVERNMENT
School directors, cont.
board of
and high schols, 69
and incorrigible children, 500-1
minute book, 502
convention of, 499, 502, 509
county board of, 24, 71, 496-9
creation, 499
organization, 499
and county superintendent, 496
School districts, 1, 54, 66-7, 71-3, 83, 111,
158, 208, 496, 504-6, 508, 511
See also Education ; High schools ;
School directors; Schools; Superin-
tendent of schools ; Teachers
first-class, 68, 76, 496
second-class, 58, 68, 76, 496
third-class, 54, 58, 68, 73, 76, 358, 496,
501
fourth-class, 54, 58, 68, 73, 358, 496,
501
accounts, 58, 509
aid to financially distressed, 58, 73
appropriations, 501
auditors, 248, 509
budgets, 51, 502, 508-9
classification, 66, 68, 496
financial reports, 502, 508
inspectors, 72
medical inspection, 76
reports, 510
State subsidies, 73
treasurer’s report to, 367
tuition payments, 69
Schout, 27
Schuylkill County, 146, 271, 327, 418, 471
Poor District, 412
Scranton, 72, 411
Poor District, 411
Sealer of weights and measures, 11, 17,
121, 490-4
appointment, 11, 491-2
certificates, 494
compensation, 492
evolution, 490-2
powers and duties, 492-4
qualifications, 491
records, 494
reports, 494
standards, 4-5, 11, 108, 490-4
Seated land, 54-5
See also Real estate or property
assessment, 129
delinquent taxes, 135-6
return, 135
taxes, 371
tax sales, 366-7, 372
Secretary of Agriculture, see Department
of Agriculture
Secretary of the Commonwealth, 67-8,
123, 151, 158-60, 167, 178, 191* 193-4,
228, 235n.
as Superintendent of Common
Schools, 496
Secretary of Forests and Waters, see De-
partment of Forests and Waters
Secretary of Health, see Department of
Health
Secretary of Highways, see Department
of Highways
Secretary of Internal Affairs, see Depart-
ment of Internal Affairs
Secretary of Revenue, see Department of
Revenue
Secretary of Welfare, see Department of
Welfare
Sewers and sewage disposal, 74, 86, 114,
322, 462, 472, 475
districts, 86, 256, 462
plants, 322, 475
rates, 209
Shamokin Borough-Coal Township Poor
District, 410n.
Sheriff, 3-4, 6, 12-14, 16, 21, 24, 26-7, 43,
45-7, 49, 54, 89, 118-19, 159, 161, 176,
197, 200-201, 203-4, 215, 217, 220 and n„
231, 249, 289-305, 327-9, 333, 336n., 344,
347n., 350, 354n., 36 6, 387
accounts, 50, 205, 303-4 and n., 373;
400n.
auditing, 385
and coroner, 297, 308
INDEX
deeds, 137, 172-3, 195, 220n„ 221-2,
293, 302
book, 172, 221-2, 301-2
deputies, 45, 177, 203, 297-9, 300, 305
distribution schedule, 293
and elections, 61, 65, 157, 296
evolution and structure, 5, 289-90
fees, 290, 304, 373
and Governor, 291
and grand jury, 319-20
hearings, 293
inquests, 293
and juries, 295-6, 351
as keeper of the peace, 42, 291
oaths, 290
powers and duties, 48, 289, 290-98
and prison, 46-7, 294-5, 326, 332-5,
339n.
as property custodian in execution
proceedings, 292-3
qualifications, 289
real estate deputy, 298
records, 298-305
criminal cases, 305
docket, 300, 30 In.
firearms licenses, 57, 303
property sales, 301-2
reports, 304
selection of juries, 302-3
service of writs, 299-301
salary, 290
sales, 200n., 292-3, 298-9
auditors, 222, 293
of corporation property, 302
docket, 301
solicitor, 298
statements, 144
as substitute for prothonotary, 297
Showalter Act of 1917, 70
Sinking fund commission, 20-1, 118, 392,
397, 399n„ 402-3, 421
established, 55, 402
and liquid fuels tax, 57
members, 402
powers and duties, 48, 55-6, 402-3
records, 403
_ 569
accounts, 397
bond register, 403
ledger, 403
minute book, 403
and treasurer, 367
Sinking fund, school, 508
Slaves, 147, 257
Small loans business, licenses, 253-4
Smith-Hughes Act, 58, 70
Smith-Lever Act, 86
Snyder County, 410n., 414, 416
Social Security Act, 2, 57-8, 74, 82, 434,
443
Soldiers, see also Veterans
camp, 291
discharge book, 182
memorials, 117-18, 145, 256, 323
relief Civil War, 139
Solicitor, 16, 49, 116, 121, 158, 324-5, 356
assistants, 324
and auditors or controller, 391
evolution, 394
oath, 324
qualifications, 324
records, 325
opinions, 147, 325n.
Somerset County, 418
Stallion register 226, 254
State
Anatomical Board, 421
appropriations, 115
docket, 219
for insane, 107
public assistance, 435-6
schools, 510-11
Association of County Controllers,
391
Association of Registers of Wills, 263
Board of Health, 74, 78
Board of Law Examiners, 288
Board of Pardons, 314
Board of Public Assistance, 436, 439
Board of Revenue Commissioners,
134-5
boundary markers, 123
Bureau of Standards, 494
570
COUNTY GOVERNMENT
State, cont.
Council of Education, 58, 71, 85-6,
497, 500-501, 512n.
Dental Council and Examining Board,
182
Emergency Relief Board
created, 435
abolished, 436
Forest Reservations, 58
funds, 115
treasurer’s record, 374 and n.
Highways, see Department of High-
ways
House of Representatives, see Gen-
eral Assembly
Industrial Home for Women, 47, 106,
235
Library, 515
Liquor Control Board, see Liquor
Control Board
Motor Police, see Pennsylvania Mo-
tor Police
Office of Teacher Education and Cer-
tification, 12, 73
optometry register, 225
parks, 117
Park and Harbor Commission, 117
penitentiary, 47, 106, 118, 235
Planning Board, 481-2
Registrar of Vital Statistics, 453
reimbursements, 110, 112
school fund, 58, 73
Senate, 24, 34, 63, 150n., 496; see
General Assembly
Teachers Colleges, 73, 498
Treasurer, 58, 80, 123, 134, 170-71,
195, 219, 236, 262, 275, 292, 388, 436,
502
annual statements, 135
and fines and forfeitures, 57
and license taxes, 57
Veterans Commission, 82, 419
Streets, 77, 133, 183, 209
Subpoenas, 217, 239, 262, 388
in divorce, 299-300
Subways, 479
Sullivan County, 416
Summonses, 208
docket, 300, 301n.
praecipes, 204
to service on juries, 295
Sunbury Poor District, 410n.
Superior Court, 39-40, 63, 242, 290, 357,
389, 476
Supervisors, local, oath, 238
Supervisors of special education, 498
Support orders, 342-4, 346
Superintendent of Common Schools, 67-8,
496
See also Superintendent of Public In-
struction
Superintendent of schools, 15, 24, 49, 66-8,
73, 111, 495-512
See also Education ; Schools ; School
directors ; School districts
assistant, 68, 497-8, 507-8
compensation, 73, 497-8
election, 66, 68, 496
emergency teachers’ certificates, 500
evolution and structure, 495-8
oath, 497
powers and duties, 67, 498-502
qualifications, 496-7
records, 502-12
annual reports, 505
applications for appropriations, 510-
11
classification reports, 504-5
financial reports, 508-9
minutes, 502
personnel, 503-4
reports of visits, 507-8
statistical reports, 500, 504-7
and teachers’ institutes, 497-9
Superintendent of schools, district, 68, 73,
496-7
Superintendent of Public Instruction, 496-
7, 501-2
See also Department of Public Instruc-
tion
Supreme Court, 30-34, 40, 63, 190, 193,
213, 224, 282, 290, 357, 389, 476
INDEX
571
admission to practice, 225, 288
jurisdiction, 31, 33, 35-6, 39
prothonotary of, 225
Supreme Executive Council, 32-3
Surveyor, see County surveyor
Surveyor General, 9, 25, 197, 227, 464-6,
468
deputy, 9, 14, 25, 464
abolished, 464
bonds, 177, 238
duties, 465
Susquehanna County, 409n., 410n.
Susquehanna Depot-Oakland Township
Poor District, 410n.
Swedish, 27, 66
Swimming pools, 114, 484
T
Talbot Acts, 429, 435
Taverns, 289, 333
licenses, 231, 365-6
Taxes, 1, 3, 4, 6, 48, 50ff„ 96, 99-103, 123,
180, 183, 248, 255-6, 257, 369, 390, 465,
484, 487
See also Assessors; Licenses; Revision,
board of ; Revision, board for assess-
ment and; Revision, board of assess-
ment and
(types)
on agents, 363, 365, 374n., 383
alien, 131
amusement, 363, 383
auctioneers, 363, 374n.
bicycle, 131, 370
bridge, 369
brokers, 363, 365, 374n., 383
county library, 513
factors, 363, 374n., 383
inheritance, 27, 262-3, 268-9, 270
collection, 268-9, 365
monthly report, 269
valuation, 257
institution district, 421
intangibles, 51
license, 56-7
collection, 363-6
liquid fuels, 85, 123, 402
mercantile, 14, 363-5, 382-4
occupation, 51, 130
per capita, 54, 73
personal property, 51, 134-5, 176, 230
poor, 4, 51, 131, 369, 370, 409, 416, 421
real estate, 51, 370-71, 508
road, 83, 104, 369-70
school, 51, 54, 73, 111, 358, 370, 508,
511
sinking fund, 369
special, 370, 445
State, 369
township, 358
tuberculosis sanatorium, 453
( subjects )
appeals, 7, 101, 357, 359, 364
assessment, 4, 15, 52, 96-7, 100-101,
111, 129-31, 248, 355-9, 390, Ap-
pendix D
districts, 7, 101
duplicates, 357-8
maps, 133
notices, 357
precepts for, 358
returns, 101, 129-31
revision of, 52-3, 355-9
of seated land, 129
triennial, 357
claims, 358
collection, 1, 4-7, 53, 93, 97, 99-103,
170, 197, 262, 365
in first-class townships, 54
records of, 133-5, 369-70
reports of Auditor General, 134
in third-class cities, 54
collectors, 7, 53, 71, 123, 128, 135, 145,
200, 210, 256, 367, 369, 371
accounts, 134, 363, 369
appointment, 53, 102, 128
bonds, 102, 128, 230
constables as, 102
delinquent and negligent, 102
election of, 53-4
oaths, 125, 238
reports, 255-6, 370
57 2
COUNTY GOVERNMENT
Taxes, cont .
collectors
returns, 133, 397
and treasurer’s report, 134
delinquent, 7, 48, 248, 256, 366-7, 372
records of, 135-7, 370-1
districts, 369
exemptions, 3, 51, 130
exonerations and abatements, 133, 365
ledgers, 134, 397
liens, see Liens
lists, 59, 124, 149, 256
penalties, 367, 371
power of commissioners, 113
and prothonotary, 192, 195
rate, 50-1, 100, 390
receipts, 179, 369, 370
records, 53-4, 87, 369-73
and registration, 156
reports, 132-3
returns, 131, 133, 135
docket, 135-6
personal property, 130
seated land, 135
sales, 54, 103, 136-7, 366-7, 371-3
records, 372-3
redemption of property, 55, 137,
366, 372
surplus bonds, 222
settlements, 134
taxable property, 51
and treasurer, 363-4
uncollectible, 371
Taxpayers, 391
Teachers, 67, 505, 508, 510-11
See also Schools, etc.
annual report, 507
applications, 503
certification, 72-3, 500, 503
institutes, 111, 497-9, 502, 509
placement service, 73
rating cards, 504
record, 503-4
salaries, 505
training, 72-3
Testimony, 239
common pleas, 204
notes of, 240
probation and parole, 344-5
road cases, 245
Thaddeus Stevens Industrial School, 72
Timber lands, returns, 130-1
Tioga County, 409n.
Poor District, 413
Toll roads and bridges
collectors, 105
freeing of, 118, 145, 245
Towns, 1, 3-5, 96, 326, 408, 464, 490
constables, 295
courts, 3, 28, 35
house, 332
rate, 4
Townships, 1, 20, 60, 64, 66-7, 74, 84, 99,
113, 117, 119-20, 150, 156, 161, 181, 208-
10, 237-8, 365, 369, 467, 469-70, 473, 475,
478
( classes )
first-class, 46, 114, 116, 170-1, 244,
247, 358, 472, 480
and public health, 76
and tax collection, 54
second-class, 46, 74, 183, 244, 247
tax collectors, 363
( subjects )
auditors, 248
boundaries, 247
bridges, 322
debt, 245
division, 245, 247
elections, 248, 296
high schools, 69
and highways, 83
new, 236
officers, 247
overseers of the poor, see Poor, over-
seers of the
and poor relief, 80-1, 432
and roads and bridges, 83
schools 69, 71
special elections, 245
supervisors’ association, 114
tax collectors, 145
INDEX
573
treasurer, 54, 102
Transportation, 478
school, 24, 510
Treason, 234
Treasurer, 7, 13-14, 16, 20-1, 26, 48-9, 54,
56-8, 79, 89, 102-3, 118, 148, 169, 186,
232, 260 and n„ 273-4, 287, 290, 300,
303n„ 304, 324, 328, 331, 347, 360-81,
383, 387, 392, 400 and n„ 402, 404, 430,
441n„ 446, 488, 492, 498-9
accounts, 50, 56, 205, 256, 367, 373-4,
380-1, 385
auditing, 10-12, 385
appointment, 5-6, 177, 360
bonds, 177, 361
commissions, 364, 374, 381, 383
compensation, 362
deeds, 137, 172-3, 197, 211, 366-7, 372
election, 360
employees, 362, 364
evolution and structure, 360-2
and fees of officials, 362
and institution district, 362
municipal, 256
oath, 361
powers and duties, 48, 54, 55, 362-9
qualifications, 360-1, 363
records, 369-381
financial 373-4
accounts with State, 374, 388
receipts, 143, 374, 399
statements, 56
warrant register, 374
licensing and registration, 374-80
beer and liquor, 376-7
dog, 378-80
firearms permits, 378 and n.
fishing, 377-8
hunting, 377
mercantile, 374-6
military fund, 381
reports, 134, 143, 366-9, 377-8, 380-
1, 390
taxes, 369-73
collection, 56, 112, 363-6, 369-70,
383
and retirement fund, 367, 406
and salary board, 119, 367
sales, 48, 54, 136-7, 221n., 366-7, 371,
401
and sinking fund commission, 367
subpoenas and attachments, 365
and taxes, 363-5, 369
collection of license taxes, 56, 112,
363-6, 383
warrants on, 55, 374, 390
Trial and argument lists, 189, 197, 239
clerk of courts, 239
deposit ledger, 230
orphans’ court, 277
prothonotary, 199
Trials, 45, 47, 231
See also names of various courts, etc.
Trustees, 220, 265, 277-8, 439
See also Fiduciaries
accounts, 203, 282
appointment, 284
bonds, 280
Tuberculosis
clinics, 76, 454-5
prevention and cure, 74-5
preventorium, 454-5
societies, 116, 418-19
Tuberculosis sanatorium, 22-3, 107, 118,
418-19, 451-60
advisory board, 23, 75, 451-3
powers and duties, 452-3
board of trustees, 451
and county commissioners, 451-2
employees, 458
evolution and structure, 451-2
finances, 453
gifts and bequests, 452
petitions for, 145
records, 453-60
accounts, 453, 459
admissions and discharges, 453-5
applications, 453-4
deaths, 453, 457
leaves of absence, 454
medical, 455-8
personnel, 458
574
COUNTY GOVERNMENT
Tuberculosis sanitarium, cont.
records
releases, 454
reports, 149, 453, 459, 460
visitors, 459
State-operated, 451
tax, 453
Tunnels, 478-9
Turnpikes, 472
See also Toll roads and bridges
U
Undertakers, 78-9, 457
Unemployment assistance, see Assistance
Unemployment compensation, 443
Union County, 410n., 414, 416
United States, see Federal
Congress, 63, 296, 464
prisoners, 334, 339
Universities, 72, 498
Unseated land, 54-5, 465, 468
assessment, 129
record, 129-30
reports, 132
taxes, 370
delinquent, 136, 371
sales, 366-7, 368-9, 372
Upland, 5, 27
V
Vaccination law, 76
Vagrants, 117, 322, 332, 419, 424
Valley Township, Montour County, 410n.
Venango County, 409n.
Poor District, 413
Venire, 204, 249
Venue, change of, 197
Veterans, 182
See also Soldiers
aid to, 82, 419
burial of, 109, 116, 121-2, 139-41, 398,
421
Civil War, 82, 139
disabled, 183, 196
graves
decoration of, 109-10
markers, 140
register, 109, 121, 140-1
organizations, 116
pensions, 183, 288
Revolutionary War, 82
Veterinarians, 78, 226, 379
State Board of Medical Examiners,
226n.
Viewers, 245, 469-97
See also Road viewers
appointment, 469-70
assessment of damages, 475-6
board of, 8, 11, 19, 84-5, 469-77
of buildings, 6
condemnation proceedings, 196
and county engineer, 462
eminent domain proceedings, 472-6
employees, 476
evolution and structure, 469-74
of fences, 5, 11, 469
hearings, 477
oaths, 470, 474
powers and duties, 469-71, 474-7
qualifications, 473
records, 477
reports, 203, 244, 475-7
road and bridge, 12, 400n., 472, 475
sewage disposal, 475
Vital statistics, 2, 77-80
See also Birth register ; Death ; Marriage
early history, 77-8
records, 284-6
and register of wills, 78
registrars, 155
registration districts, 78-9
and State Board of Health, 78
State Bureau of, 457
Vocational education, 66, 69-71, 505
Vocational rehabilitation, 58
Voters, see also Candidates ; Elections ;
Registration commission ; Voting
absentee, 65
certificates, 152
qualifications, 58-9, 149
registration, 59, 149-52, 159-60
annual, 60
cancellation, 152, 154
changes in, 155
INDEX
575
clerks and inspectors, 60
permanent, 60
reinstatement, 152
returns, 156
voting registers, 59, 156, 193
Voting, see also Candidates; Elections;
Registration commission; Voters
ballot, 63, 296
lists, 124, 152, 154, 193
machines, 63-4, 106, 160-1, 163
in military service, 65, 159, 163
places, 64-5, 119, 151, 158, 165
registrars, 60
W
War history, county, 116
War monuments, 116
Warden, see Prison warden
Wards, 64, 149-50, 210, 246, 284, 346, 371,
426, 429n.
Warrants, 56, 104, 165, 208, 239, 362, 373,
374, 397, 399, 430n.
of arrest, 45
bench, 301
commissioners’, 142, 362, 373-4
and controller, 390
county, 399-400
poor, 398
register, 399
sealer of weights and measures, 492
Warren County, 105, 409n.
Poor District, 413
Washington County, 74, 169n., 233n.,
260n., 267n., 291, 471, 491n.
Poor District, 412
Washingtonville Borough, 410n.
Water and Power Resources Board, 181
Wayne County, 409n., 410n.
Weights and measures, see Sealer of
weights and measures
Welfare, 24, 80-3 ; see Department of
Welfare
Western Penitentiary, 241
Western Pennsylvania School for the
Blind, 72
Western Pennsylvania School for the
Deaf, 72
Westmoreland County, 120, 271, 413, 471,
491n.
White Hill, 235n.
Whorekill, 5, 27
Widows
appraisement, 281
veterans’, 139
elections, 270
Williamsport Poor District, 410n.
Wills, 10, 264, 277
See also Register of wills
administration of, 37
book, 264
probate of, 36-8, 42, 258, 260-2, 264,
266, 278, 282
Witnesses, 321, 388
Women, 47, 106
Workhouses, 47, 117, 322-3
Work Projects Administration, 443
Workmen’s compensation, 419
board, 190-1, 212-13
papers and docket, 212-13
and prothonotary, 190-1
Writs, 31, 187, 203, 208, 219-21, 234, 299-
301, 308
capias, 300
certiorari, 31, 39, 194
error, 39
fieri facias, 301, 305
habeas corpus, 31, 39, 299
and prothonotary, 189-90, 196-7, 201,
204
on railroads, 292
replevin, 208, 230, 292
scire facias, 292, 301
sheriff’s, 294
venire, 194
Wyoming County, 414, 416
Y
York County, 271, 471, 491n.
Poor District, 412
York, Duke of, 25, 27, 35-6, 53, 59
See also Duke of York’s laws
COUNTY GOVERNMENT
576
z
Zoning adjustment, board of, 77, 122,
480-3
appeals to, 483
appointment, 480
associate members, 480-1
compensation, 481
created, 480
meetings, 482
minute book, 483
powers and duties, 483
witnesses, 482
Zoning commission, 77, 122, 480-3
assistance to, 482
created, 480
employees, 482
papers and maps, 181
planning commission as, 479-80
powers and duties, 481-2
public hearings, 481-2
and State Planning Board, 482
Zoning ordinances, 77, 181, 480-3
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